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Weekly Ohio State journal (Columbus, Ohio : 1841), 1849-02-10

Weekly Ohio State journal (Columbus, Ohio : 1841), 1849-02-10 page 1

WEEKLY OHIO ST A (Tl!7! ill JO DM AT VOLUME XXXIX. COLUMBUS, SATURDAY, FEB RUARY 10, 1849. NUMBER 24. PUBLISHED EVERY WEDNEHPAY MORNING, BY T1IIULL & REED. JiBc in th. Journal Building, iulh cut oorrwrof High Irsetnnit SuR.r allny. WM. B. THRALL AND HF.NKY BKKP, Editohi. TERMS: Turks Doi-hhsfkh ansi'H, which mybediichnrgci by Int ptyiuKDt ol"l'wi UuM.Aitf in iuiiiue..iiii free ol piiittfn, nr ill' per c.iitHtf. to Atfeiit. or Collector.. Tin Jnitrnul ! "leu published Uaily end Tri-Weekly An J i,u iheyesri Daily, iorunum.Sli Tri-Weekly. S J OIlToTEGTSLiTUnE, Friday, February 2, 1840. IN SENA I E Petitions presented und Referred. tty Mr. Backu, fniHi the Lope n. for a change of name. By Messrs Barns ami Whitman, for the election of associate judges. Ity Mr. Clay pool, fruu eiliani ol' Waverly, tor p .wer to grant licences to groggeries. Ity Mr Kendall, f"im Capt. Kinney, fr a cluing in the mili tiu la. By Mr. Myers, tmm cilu-ns of Henry, in regard to new c me. By Mr. Wilson, (nun llic otlioen iif tlit deaf and dumb nstlum, fur an increase of tin nppropnitition fur pcKiiij teachers. Reports of Standing Committees. Alter sundry reports uf Imc il bills, Mr Archhnld. Iron the Judiciary com mi Her, reported back tlm bill providing fur tin Vote uf the people for or airniiut a convention, to tnrm a new Coiistitu-lion with amendments, and recommended lis passage. The aiiieiidoiciiia were agreed to, and the question being nil pngrossuiei.t; ,M s.r. Goddard, Wilson and Ewing, briefly ad vocal' d tlie passage of tlu' dill. The lull wm ordered to be engrossed. Ayes 24, noi'i (i, an follows: Avtct Messrs. Ankeny, Archhnld, Backus, Beaver, Bennett, Blake, Btoeknnm, Horn, Byers, leilll'SHl, Dinniloi;k, DoMm, Emrie, Ewing, Goddard, I In-dricks, Lewi., Myers, Patterson, Swift, Viiml, Whit-man, VViUm, and Speaker- 24 N in-Mi'n CUvpool, Cuiiklin, Corwin, Hainei, Kendall, and ticotl-ti. The bill waa ordered to be read a third limeto-morrow Bills introduced find rend a first time. lly Mr. Den-rtiimi, lo authorize I lie city council of Columbus to occupy part of Fourth street and Wnlniil alley for a M irkel House. The constitutional rule waa dispensed willi, and the bill wbi read a aecutid time, and cmn-rnilied11 v Mr Hendricks, to amend the act incorporating Hie Diyion, Lebanon and Deft inee railroad c puny. On motion of Mr Blake, the Senate renolved itself into committee of the whole, Mr. Emne in the chair. The lull to repeal the charter of ihe Hank ol Wui later, the (link of Manhattan was oiacjaaed at length in rrtiiiitiiltet). Mr Ityer aaid that the repeal of llie charter of the German II ink of Wooater, aooie yeara ajfii, dad dime (treat hirm lie an id he would move, at III proper tune, in atrike out the Hrl i-elion nf the bill, which repeali the clnrler of the Unnk nf Wonter. Mr Wil.mi held lliil the true doctrine waa, that D ink clnrleri were repcalnhle at all tiniea hy the pow-er crealtiiif ihi'in. Tina leifinlamre hat power to re-penl every hank charter in the Stale. Mr. U'tdilarU would vole aiinl the repeal of all bank chirtera. W lieiiever a hunk forfeited any pro-Tui'in nf iu charter, it could be clowd by the Judicial trilmnala- The firt aection wai struck out, and the order waa paired. The commitlce rnae, and reported progren. The Senate took t recent. 3 o'clock P. M. The afernonn wnt .pent in committee of the whole, Meain Lewii, Whitman, Cla) pool and Dubbi tuc-ceviively occupynjf the chair. Amoiii the Inllrj cotiHtdered and appropriately referred were the bill for eit'ihliihini; the .en hour vateiii, and thti bill chartering the Scioto valley railroad company.On motion, the Senate adjourned. HOUSE OK RKIMIKSKNTATIVES. Prayer Uy the U-r Mr. Doolnile. Pttitwnt presented and rrfrrred. y Mr. Penning-ton, from ail citiienanf Si.Clainmlle, for power to build a school houae ; hy Mr loiter, from riiixeni uf Stark, for permiaiion for the county to anbicrihe to railroad tuck ; by Mr. Mirth, from ciiixe ntt of Preble, fur a railroad charier; by Mr. Iliedter, from criteria of ll'iimlton. for Aa-ciatn Jude; hy Mr. Miller, from H cititeiia of Aohland, fr J. C Myera aa A-.ociate Juile; by Mr Pugh, Irom A M iore, relative to a clnim ; by Mr. Keller, from cilnenaol K iirfield, agiinat the new c-mnty nf National ; Uy Mr. 0peland, from til ciinentof Wnihinjjlon, Marrow rotinty, for inls nf .!(... I landa; by Mr, Scott, from HKIiritixeitaof Smith, field, J tf raon county, for aale uf at-hool landa; alao, froi.i Q-i ritifni of SntiihhVld. tor repeal of black laws; by Mr. Olda, from N J Turner arid 74 others, f.r a turnpike mad fr Circleville to L irhyville in J ickaon county ; hy Mr.Towuahetid.frmn Hl citizena f 8imluky city, for an amnidmeut to the general ritilroad law. Bills read a third time and passed To ret ivean act to incrpurate Uiili p Fraternal Calvamatio lljpliat trMiiinary. To repeal an act preacribinir the dutieaof Sunerti-sora and relating to road and highway, passed Jan IH4.Y For .he relief of John D Borrell. Mr U'miianl moved the indefiinle postponement of Die lull'. hn liuillv withdrew his niolinrt Mr Puifh niiii aed its paaatre. The Treasurer had no buames lo lake anvtliniif bnt Pp.-cn. He therefore renewed the motion lor indefinite postponement Mr. Kiddle and Mr. Smith of Madison approved the nnitre ) the bill Mr Mott thotiifht the hank of Xenia resimnaiMe and if the petitioner waa an honest man, hn was in ftvor nf aaistinj ln:u to lliraalt the nllioers of the hank or tear down their ahauly. Ho ipnuld vute . mini the lull. Mr Whitely held lint the County Treasurer, if he had received the money originally, waa responsible ir the loaa. Mr Howard staled the circumstance! under which the money had been received by the luwnslnp treat' itrer There was no evidence that llie hank nl Aenia knew of the failure nf the VVnonter bink at the tune the moiiev waa laid nul; but the lact that conaidera- lile niiii of that sort or money were lust then pud out, looked somewhat suspicious. Yet the fact of a kuowl litre nf the imolvenrv nf the bank, if that knowledite eiitled with the nlHcersof the Xemabauk, Ci-u'd not he proved. Mr l'i nil deelared that if the hilt pa-snl, after it is known here that the hank nf Xema had paid mil Urge sum nf the Woosi-r paHr, he would utre notice uf a hill f repeal the elmter of the Xema bank. Mr Moutfori would net sum1 of his friend lo introduce a bill l'r his relief, a lie had lost $170 by the failure of the Wnnaier bank. Mr L-iler liked upon iho bill as entirely lorn I, and if the lax payers of the township wish il pnssed, why, pass it. tiiddle the responsibility up-m the whole townahip, and you make so many umre anti-hank ferrous. Stick it on as many as you can, and vnit d-i tint much ifoud. Mr. Olds sutfirested, in the course of some remarks, thai the Woo-ter II ink was nf Locnfoco urigm. Mr Whifly 3 o'clock, P. M. Mr Brewer demanded a call of Hit Housa 62 members present. Reports from select committees. Mr. Pennington reported a bill to authorize the division of St. Cluiraville into two or more school districts read the first time. Mr. Scnit reported a hill authorizing the sale uf a part of school section Hi in SoiitliBeld township, Jefferson county -read the first time. Mr. Hardesty reported back the bill to revive a certain act therein named, aud it was ordered to be engrossed.Mr. Clin flee reported a bill to incorporate Ruckcrcek, Ashtabula county read the first time. Mr. Hownrd reported back the bill for the relief nf John 0 Burrell, Willi Iwo amendment, I lie first of which slates tiint the Xenia Uank paid the Wonsler money to Mr. llurre!) alter or about the time the Woo ler liank suspended specie payment; and the House having deter mi tied that the bill should be read the third tune now, Mr. Norria moved to recommit it to a select com muiee, for the purpose of amending it so as to make it obliiriilorv upon Mr. Jlurn- Incontinence and pros ecute in lint I judgment, n suit against the Xenia Hunk for the amount. The House refused to recommit, yeas 25, nays IW. Mr. Pugh moved the indefinite postponement of the bill lout, yens 21, nays 42 I he bill was then pissed yeas 41, nays 41. Mr. M-iri is reported nack the bill to regulate the sale of intoxicating liquors in Monroe county, with an amendment, winch was disagreed to. Mr Letter moved to strike nut "counly ol M-mroe wherever it occurs in the hill and insert "State of Ohio (linking it a general law. Mr. Miller moved to amend the amendment by ex cepting the I Hi la Judicial circuit. The question uf temperance and licenses wn disci sued by Messrs. Olds, Morns, Miller, Leiter, Mursh, Molt and hd-uin. Heloro acting on the amendments. The House adjourned Saturday, Pebrutuy 3, 1840. IN SENATE. Petitions presented and referred fly Mr. IUckus, from citizens of Cuyuhotfa, praying that swine be restrained Irom r u no i n it at large. Hy Mr. Heaver, from ctlizi-ns of Ohio, for lite repent of nil hiws making distinction mi nccnunl nf color; also, from citizen uf Trumbull and AshUlmla, lor the new county o Or- ange. Hy Air. llorton, iiotn m citizens ol Meigs, for the election of Columbia Downing a-neiriale judge. Hy Mr. Aukenv, three petitions troni 47(3 citizens ol Tun irnwa and Coshocton counties, fur tin new county of Orange. Mr. Arctitioiii, irom tne judiciary commuter, repor ted hack the H"Ue bill to establish colored schools, ii ltd repeal th bliiek Inws, with an amendment providing that nothing in the loll shall be construed as re pealing the provisions of the jury law Mr Oi'iinison stated tiint ne imu uau no opportuni ty, as a member of the Judiciary committee, to exam-i ni this bill. He moved m recommit the bill that ho might have an opportunity lo examine it He made this request, not lor llie purpose of delay, hot thai he might be enabled to do hi duly as a member of the Committee. Messrs Lewis and Bennett advocated the pnssnge of the bill, but were disposed lo vote to recommit through courtesy to Mr. Hennisnn. Mr Ulskesaid he was ready tow, as lie hnd been ready for years, and had urged the passage of meng. urea to do away with all lairs making distinction on account of color ; he should, however, vote lo recommit Ibis bill to (he Judiciary committee, n m act uf Cf intly and courtesy Inwards the Senator Irom trunk- lin, who has manifested a desire lo examine the bill. The hill was recommitted. Hills introduced and rend a first time. fly Mr Corwin, in relation lo taxes, schools, and sewers, in the city of Toledo. Hy Mr llorton.lo incorporate the rnmeroy academy. Hy Mr. CUypool, to iiicororatu the Chillicothe Cemetery company. Uy Mr- Conklin, lo amend an act entitled an act to incorporate the town of Sidney. HOls read a third time and passed. To incorporate the Scioto Valley jtailrosd Company. To make W L Davidson llie legal heir of W. 11. Mixey, deceased. For llie better support of common schools in Per. rysburgh, Wood county. To amend the act incorporating the Ross county turnpike company. Fixing the nines of holding the courts of Common Plens m the 7th Judicial circuit. The bill providing for a vole on a convention to form a new constitution, coming up for a third reading, Mr. (jnddard, with a view of hiving a full Senate when the vote is taken on the bill, moved to lay it up'n the table carried, ayes 22, noes G. To incorporate the London, Some r ford and Me-cliamcstiurtrii Turnpike coinpuny. To regulate the levying of taxes for road purposes in lleluionl count? To incorporate the Mansfield Fire Company, No. I. To authorize thu aale of certain school lands in the county of Wood. To incorporate the Madison and Fayette turnpike cnmpntiy. The Speaker laid before the Senate the special report of the Secretary nl Stale, in relation lo the paper purchased hy the Stale. Il was referred to the committee on Printing. Mr Coddard ntiVrt-d the following restitution, which was adopt, d: Itrsnirrd, Thai the Ailorney General lie directed lo institute proceeding in tfn trvrranto, against the Hink of Miuhiitan.ihe Hmkof Wonsler, the Hmk of .Nor-walk, and the Hunk nf Sandusky. Mr Myers nil re d Ihu fallowing resolution, which was adopted : Itrsatredi Tint the committee on the Judiciary he directed t enquire into the propriety nf repealing that portion of the law incorporating the Slate Htuk of Ohm winch provides for llie mgnmzition of additional branches, and into the propriety of the establishment of a free banking system in its place, with proper restrictions, and full security In the bill holders. On motion the Senate adjourned. NfTit v th RrronrKR On Thursday, Mr. Diiumock oresented a remonstrance from Henry Ream and others of Tuscarawas county, against the new county nf Walhoiidmg. 11 was erroneously reported as a petition for tlm county. Yesterday, by a typographical error, Mr. Handall is said In have made a motion to potMine the third reading of the lown of Patriot until the first Moiulay of December. It WM Mr. Kendall who made the motion MOUSE OF REPRESENTATIVES. Prayer hy llie Ue Mr. Cheney. The Speaker laid bore the House a special message from ilie Governor, relative to the proposed California and Panama Railroads. Also, the annual report from the trustees ot Cincinnati township. Also, a message from the Governor, relative to some copies of the" Documentary History of the Revolution " Pttii ions presented nd referred Hy Mr. Pennington, from 11 citizens of Helinmil against Cumberland ; hy Mr. Urewer, from Mr. Baler on the lax law ; by Mr. Olds, from Norman Julian and .V others of Halt creek township, Pickaway, on the school laws ; also, from Wm. II. Lybrand aud 31 olhers of Pickaway and Fairtield, for the appoiutmrntof an administrator Uiii tli- ch .rt.-r . rriMwrd by ll.e I ,1" ,rd, f'",1 Mr '!""' I V W nd. .! Khfll nllt..pft Vliilidi.n liiivfiMliiii VV .1 Wlnfi mid four renritado Democrats, Mr. H'tfger called Hi gentleman In order for denouncing, as a rMf g n is, one of the moat radical Loco-focoi in Guernsey county, the Hon Win Lawrence. The debate was furth r continued by Messrs. Olds, Johnson of Cnyiihoga, Vorhes, and Edsoti. Mr. Poirh withdrew Ins motion to postpone the vote on engrossment was reconsidered ; and the bill, with an ainondment from Mr. ti.niih of Brown, was recommitted to Mr Howard. The third readings were continued, and the follow ing bills passed -. To incorporate the M. osier Fire Insurance association.To repeal llie charter of the Hartnerand Lancaster turnpike company. To inoornorate the Oxford, Western and Conneri-Till" turnpike company. To inc or v orate the Waynesville and Bugarcrrek turnpike ootiipauy. To incorporate llie Rrlief ftra company of Chilli-enthe.To incorporate the Batidusky City and Caslalia plank road company. To incorporate the Savannah toll bridge company. To authorize the sale of section Hi, Pleasant township, Hancock county. To amend a part of llie act incorporating Steuben-vllle, Ji fft rson county. Senate bill lo orgs one school district No. 7, Liberty township, Clminti county. Senate bill to incorporate the Hamilton, Rossville, Millvdle and Hcipio turnpike cninptiy. Senate lull lu incorporate Iho Norwalk plank road eouiiany. Mr. Gidtlinira. on leave, recorded liis vote against the resolution admitting Mi ssrs, Pugh and Pierce lo eats in llie Mouse Bills introduced nnd rend la jSrsi tints By Mr Armstrong, in inenronnte the Ml. Washn.glon Col-Ifife of llniuiltnn coiinir. Hy Mr. Leiter, In repeal the charter of the Bank of Ji or walk. Also, to repeal the charter of the Sandusky Bank Reports from Standing Committees Mr. South of Jlmwn, Irom the Judiciary eommillee, reported naea the bill to amend the ant allowing tunes before Justices of the Peace, and it was indefinitely postponed. Also, reported back the bill to prevent the same permit from holding nvre than one of the several ntncea therein named, and it was indefinitely postpomd. Tue Uoutt look a rtctsa. P. W. Norris and othera of Midison township, Wil liams county ; by Mr. Julian, from ul citizens of Mi ami; by Mr Letter, front 4ti citizens f Stark, for 10 bom system ; also, from 4. citizens, lor the protection uf mechanics , also, from It: I citizens of Ohio, for homestead exemptions; by .Mr. Urewer, Irom 21 citizens of Richland, for Ihe election of James Cum-mmgs as associate judtte : by Mr. Johnson of Cuyahoga, from citizens of said county, for a law relative lu swine running at large ; hy Mr. Smarl, Irom ilU citizen of Highland, on Ihe auljeci nf inteiueranee ; by Mr Walt, Irmn ul citizen nt Hardin ; by Mr. He-ber, from U't citizens, for a modification of the general rs 1 1 road I w ; also, from 1 14 citizena, for the repeal of the act incorporating Norwalk. Mr Leiter arose ti a question nf privilege. He was sorry to do en, but il was due to members that Ihey should protect themselves in their political characters. If they do not, what respect are Ihey to expect from the public? (Mr. L- read from the Cleveland Herald correspondent, Cavaignac," some very severe comments tixin the chaiacle r ami conduct nf Townshend and Morse) Il these men (M and T) are such as are represented bv Ibis correspondent, f was not willing to sit here with them. If the charge be true, they are not fit to ail here if il be ful.e, tlm trsducer should not be tolerated in this Hall. Hut he believed it to be a most base and infamous slander. The member from Lorain and the memtirr from Lake have no superiors in the Stale fur honesty and integrity. He wished tn know whether the House waa willing lo euilori aiirh slender? This correspondent " Cavaignac" was, in his estimation, one of the lowest, meanest, Cunieiiiptib'e wretches that ever die f raced hs species. Mr. L. said he meant II. T. If uce; who, in Ins opinion, was until lo enter tins halt, he had almost laid Ion mean lo go In hell. The worms which fatten on dogs would pass him by in contempt. (Mr. L then read some cmnim-iits Irom Cavaiji nao relative to the conduct of the Speaker, and Ins vote sustai-iing hs own decision. He ssked an action of the House in the premises and concluded by ntr. rmg the following resolution : Regolredt That the Hcrgeant.at Arms be directed to exclude R T Bruce from the privileges nf tin floor. Mr Townshend disclaimed all knowledge of the resolution offered by Ihe member from Sisrk. It was not Ins intention o notice these newspaper attacks, penally on tins floor lie therefore moved to lay the resolution on the tnble whiru motion was lost. Mr. Olds condemned 'lie language of the enrrespnn-dml. Bui so mo evidvues) is ui-erssarv as lo who Ihe correspondent is. So far as Mr. Bruce was known to nun, ana ins acquaintance wasoi recent uaie, no was a gentleman. He hoped, before any action was taken, that an investigation would be had as to the authorship. The wrong individual might be punished Mr. Bigger thought the language of the correspondent rather severe, but he opposed party action. Mr. Norris spoke in condemnation of the correspondent, and the po wer of ihe House to rid itself of Ihe obnoxious individiinl. Mr Hardesty said he wished, before the question was Inken upon this resolution, to say a few words in defence of the rights nf the citizens of this Stale to write, speak, and publish their views touching the con duct of any public ollicer, or any branch of our government, being liable always for the abuse of such privilege ; and in order to refresh the memory nf gentlemen on this floor upon the subject, he would read from an old fashioned document which he found in the first part of our statule book a document winch used to be regnrdej by tliP fathers of our government na of binding force upon them, to regulate their con duct and secure lo them their rights. He referred to and read the fjtli article of sec. 7 of the constitution of the Slate of Ohio, " that llie printing presses shall he open and free lo every citizen who wishes lo eramine the proceedings nf tiny branch of gortrnrntnU or the conduct of nnij public ojjir.tr ; and no law shall restrain the right i hereof. Every citizen ha an indisputable right to spenk, write or print upon any subject, as he thinks protier, being linble for the nbusu of that liberty." Now, continued Mr Hardesty, this resolution proposes toexpel from within the bar of this House acit izen of the State of Ohio, who is not known to this House, either an a Reporter or correspondent for any pnper in this Stale. If he has enjoyed right in this House, ihey ire the same riifhis to which suy other citizen of this Slnte is entitled ; his communications, uf which the gentleman from Stark complains sogriev iouly, do not purport to be written in this House, henre, that individual has not coinimtled a breach nf privilege upon the rules of this II nunc, or any of its members, of which this House has any control. If lias slandered i tie charncter ol the members, in his capacity aa a citizen of tins Slate, ihe law is open for their defence, let them settle llie mailer in the legal wny, btit do not undertake to muzzle the tress or orasu the pen of any citizen uf this Slate, hy bringing down upon them the prieitened power of this House. Mr. Hraiuard moved to amend the resolution bv adding, "and that this Hotis recommend to Congress tn revive the sedition law "which the Speakerdo-ctap-tl out nf order. Mr. Pugh, alter expressing his contempt for the writer, whoever it was. suinreatf d that the subject be- longed to the committee nn Privilege and Elections. The resolution wns finally referred to Messrs. Lei-r, Marsh and Norris Bill rend the third time and passed To revive a cer tain act therein named. Bills introduced and rend the first time Uy Mr Lei ter. lo amend (lie act di-limng Ihe powers and duties of justices of the peace and constables in civil cases Ity Mr lure, to authorize the Governor lo con vev a dlle lo certain lands in Summit co. Hy Mr. Pennington, to amend the act fixing the times of holding courts in the ITnh judirinl circuit. Hy Mr. ilreslin, to create the tilth judicial circuit, Hv Mr. Cniieland, to authorize Ihu sale of section 21, WfiMliinirion tp , Morrow co. Ity Mr Giddiuifs, tn amend the act incornornlini! the Diyton and Xenia turnpike company ; also, to amend the act authorizing the city of Dayton to sub scribe to railronds. Hv Mr. Reber, to amend Iho act incorporating San- ducky. Ity Mr. Long, tn incorporate the Walnut street Baptist Church, of Cincinnati. By Mr. Morris, to fix printers' prices for Delinquent lists, &r. Hv Mr. Pugh, concerning the powers and duties of Auditor of Siale. Also, to suppress the Xenia Branch of Ihe State Bank of Ohio. By Mr Thompson, to repeal a part of a turnpike act. Hy Mr. Mott, to create the IJlth judicial circuit. Hy Mr. Armstrong, to repeal the 2'lh section of an act. He port nf Standing Committee Mr Long, from the committee on Railroads, tVn , reported a bill to amend an set relative to Iho Urhann, i my and Greenville turnpike company rend llie first time. Reports of Select Cammitttes Mr Roedter reported bark the bill to secure the laborer his hire, and it was laid on Ihe table. Mr. Green reported a bill lo incorporate the I)nv ton. Xenia. and Watervluit Valley turnpike cotinmny-- rend the first lime. Mr. Pennington reported back the bill to incorpor ate St. Clairsville ordered to be engrossed. Mr. Smith of Madison, reported a bill lo incor porate the London and Tufayette turnpike company reno me nrsi nine. Also, reported back Senate bill n incorporate the Columbus and Springfield Railroad company, with an amendment, making London a point, which was agreed to. Mr. Leiter reported a bill for the relief of A. Hav- hoii nun our oiiiit renn uie nrsi nine. Mr. Whitely reported hack the bill to incorporate the Lower Sandusky Plank Road company which. after sundry motions to postpone indefinitely and to recommit, was ordered to be engrossed. Mr. Mvers reported back the hilt fixing the limes of holding Ihe courts in Ihe 2d judicial circuit; and it wa- engrossed at the ( lerk s desk and passed. 1 he House then look a recess. 3 attack, P M. Mr. Burt demanded a rail of the House 02 me in bera present. Mr. White ley moved to adjourn lost, yeas lO.navs .t.i. Mr. Norris reported a bill to amend the aet incur porating N-w Richmond and Husstiiuh ui Clermont county read die lirsttime. Mr. Marsh reported a lull lo incorporate Ihe Four Mile Valley Kailroau cominny read the first time Mr Pugh reported back the bill to regulate pnceei. ing liefore Justices of the Peaee, with amendments. On motion uf Mr. Rockwell, the bill was laid on the table. Senate resolution rrti'ive to retaining Mrs. Louisa Beech in the Luualie Asylum, was agreed to. The House adjourned. Hamilton County Case The following extracts are from llie re port of Messrs. Pennington and Hardesty, of the committee of Privileges and Elections, to the House of Representatives, touching the controversy in the House, as to the rights of claimants to seats from the first district of Hamilton oounty. The argument is conclusive, and should be attentively read by every elector in the State: It is said, that that port inn of the law dividing the county of Hamilton into two election districts, is unconstitutional. We approach this branch of llie subject with a consciousness of our inability to discuss it; and especially when the light of great minds in our State has already been shed upon it, it looks somewhat like presumption, to intrude any further opinions. Indeed, we might be content lo refer the members of ihe House alone to the very able opinion of the Atlorney General, Mr. Stanbery, coinmuniciiled lo Ihe last session ot the General Assembly, on the passage of a resolution uflered by Mr. Olds, of the Senate.Your committee, in offering their views upon the subject, prefer lo answer the following questions, winch we think involves llie whole controversy: 1st. Is that part of the apportionment act nf J 848, which divides ilamilion county into two districts, for the election of Repreaentaiives to the Stale Legislature, constitutional and valid? 2d Hna every voter of Hamilton county a right. guarantied by the Constitution, to vote for the whole number ul ttepreaentatives apportioned tu thai county f The 2d section of the 1st article of the Constitution of Ohio authorizes and requires Ihe Legislature lo ap portion the Kepre seutativc "among the several counties." Hy Ihe third section of the same article il is nrihined that 11 Representatives shall be chosen, annually, by the citizens of each county respectively ' These two clauaes are those upon the construction of which the mum question di-p"tida. 1 he former clause grants nil Ihe power thai the Legislature hns, the lat ter fixes, and defines, and limits, the right ot the citi zen in voting for Representative The act in question apportion live R-presentallves to H aniiltmi county Su far all agree the act is valid. Jl tin n divides the county oilo two district and provides thai two shall be elected by the voters of the first district, and three by the voters of the second district. It is objected to tins pari of the act that Ihe voters in Hamilton county have rach and all a right lo vote lor five representatives, the whole number apportion- d to the county and tins isclaimeu because the con stitution says that "representatives shall be chosen by the citizens of ench counly respectively." This clause does literally import that the representative or representatives apportioned lo a county, shall tie voted for by the citizens of that county, and not by the citizens uf any other comity. It does not however expressly import, that all the voters n a county, shall be allowed lo vole for ail the representatives apportioned lo thu I county None but the citizens uf tho count) can elect them, bill if only a pari of the citizens or voters of the county is allowed lo vole for a representative, aud he is chosen by Unit part of the voters, or citizens, ho is chosen by the voters or citizens of the county. Il i worthy of remark here that, though by adhering lilerully to the two clause of Iho constitution, which we have before cited, and anolherclnusu which requires the representative lo reside in the counly where he i chosen, no one representative can be voted for by the citizen of dilfereiil counties. Aud no me can be elected by the citizens of a counly, in which he doe not reside yel from the lact of our State being divided into a greater number of counties, than we can have representatives, we have been compelled lo depart from this literal construction. In very many instances, for many years, counties lave been united lo form a represeualive election dia- rict This clearly is not within the strict letter of Uie constitution Representatives shall be apportion-d among the several counties, and ihey shull retude. n the counties where they nre chosen and shall be hosen by the citizens of each county respectively. And yet all agree that two counties may be put together, for the election of a representative that it is no uuh if the representative reside in one of said "ouuiies and ho may be elected by the citizens of iwo couulie. , Our legislature have regnided it aa a fundamental constitutional principle, that every voter in the State hoiild have an opportunity lu vole for at least one Representative and one Senator; that all should be represented to both branches of the General Assembly. I'o secure this it became necessary to depart from the letter of the constitution, and lo put d-hS rent counties together in one district for the election of representatives.To return to the clauses in the constitution which grant the power to llie legislature to apportion representatives, and fix and limit the rights of voters in llie election uf representatives when representatives are apportioned to the several counties, the constitution having appointed the day for the election, and left the place and manner nf election to be prescribed by the legislature, il follows thai where more than one representative is apportioned lo a county, the legislature may divide Ihe county into different representative election districts, unless, by doing so, some right, guarantied by the constitution, i violated or abridged. The right of each and every voter for at least one representative is not interfered with. And Ihe only question remaining is, whether each voter has a right lu vote for aa many representatives as are apportioned to his county ? If this right is guarantied by the constitution, then is that pirt of the apportionment act in question unconstitutional.Representatives, according tn the letter of the constitution, as we have seen, must he elected by the citizens nf the county in which they are chosen. But the constitution no where declares that all the citizens nf eaeh county shall be allowed to vole fur alt thu representatives apportioned lo inch county. To ascertain what the framers of our constitution meant by Ihe term of lanttuage adopted lo express their meaning, we should place ourselves in their situation. We should consider the time when it was written, and the circumstances likely to all'ect them in the adoption of principles and modes of expression. Our constitution was adopted in Ihii'J The constitution of the United Slates was adopted in I7fi7, and the government was organized under it in 1711. There can lm no doubt uf Ihe fact that those who drafted our State constitution carefully consulted and considered the provisions and form uf expression in that of the Untied Stales. Bui to make tins faot doubly certain, refer tn the two instruments. Com- ti.nt llit tinn.iobl. look nt tli titles uf llie lhrm fint Haven on Tuesday, fur California, touching at Cape , irliclei winch are letter for leiter alike. Compare the two hrst n-dions of the two nrt srlicles nf earh, and (old Items. As ETr.nMtisisn Boy The schooner Montague, 1 1 Ms tuns with hlty four passengers sailed from ci de Verds and the Horn. She is expected tu make the voyage in leas than four months. The New Haven Journal says : A widowed mother offered her son. one of the passengers, with all the persuasion in her power, any sum to the amount nt ii.D.tMiO, if he would slay at home, but the spirit of the enierprizo over came all other consideration, and he s-iiled. run tmk Got. n Uiouins Upon Ihe arrival of the steauier Whirlwind yesterday, we noticed on board a parly nf some twenty young mea, whom we learned were from eanduaky, Ohio, and are on their way to California. They are all suitably equipped, many of them having elegant nfl- s and other necessary trap pings and nxiuri s lor so long a journey. Tiicy no trout tin lo Independence, and thence lake llie over. land route with ibe nrst companies going out in the spring St. Ijtuis Rep. IJlstoVKHV of Uol.U IV t AMKIIOt Cui'XTY, I FA A). (Ins fact is made as certain aa that the one was adopt. ed prior to the other The constitution of Ohio waa made In IH02. Before that time it was settled by the practice of the old. er Stales under the constitution of the United Stales, that States, entitled to more than one Representative might br divided fur the election of Representatives In Congress, into districts. Willi the constitution of the United States before them, containing a clause authorizing Congress to apportion the Representatives in Congress, "among Ihe several Stale," according lo the rule there prescribed, and knowing that under this grant of power it had been nonmileri d constitutional to divide Stales into districts for Ihe eleclon of Representatives in Congress, the convention thai framed nur Stale constitution, in the clause authori zing our Stale LejitsUture to apportion Representa- Just as nur paper IS going to press, we have been ,, r. - Ut.i. I. .ti.. r.,1. ,.,.,! ,.. shown what is said to lie a vsluable prcm.rn of gold ; If.n Wru-B( mi xw ,,. wuc, ,l(.v ,uud M1 ore, found wiihiii thirty unit s of Brownsville. The gentleman who possesses tin Seriim-n ha havclh d xtensively in mineral regions, and teels quite confi dent Ihal it is only llie beginning of valuable discoveries lo be made in our own immediate vicinity. froiensri(rr, itias, nag. Cxi.ir its i a. There are fifty three vessels now up at llns pTt for Ihe voyage round Cape Horn : consist, ing of 2 ships, Iri barks, 5 brigs, (j schooners, and II steamers ami propellers; in addition to winch there are 12 vessel up lor Chagre, and 7 lor Vera ttui A" V. i'.rprtts G wi n GiiKaiK A Yankee downcast has invented the constitution of the United Stales upon the same subject. Representative in Congress shall be appor-tioned "among Ihe several States." Representatives in Ihe Slate Legilitnre shall lie apportioned "among the several counties ' The adoption uf this language n this grant of Legislative power, from the constitution of the United States, knowing the construction that had been put upon it, if it was not intended to irrant a similar power, with like limitations, was verv unfortunate; lor il waa evidently calculated to lead Ihe mmd In such a conclusion. It would in fact Lm absurd lo suppose Ihal in the use nf these words, llie State convention did not intend to grant the same Una speciiic lor tt.e use ot go a nunicrs. I lie opera- w,cll WM Winif exercised by common con lop ot a hill, uni),,f a grant in ihe same identical words, in an tor i lu grease himself well, Isy down on and then nil to the bottom. The gold and "nothing else," will stirk to him. Price $10 per box. Goi.n in Mhvlam.-- I he Rockville (Md) Journal says that gold hat been discovered on Mr. Elhcott's farm, tn Montgomery oounty. A specimen bas been sent In Ihe Philadelphia iinul, and pronounced genuine. Ii is thought there is an abundance of the metal on the larui. Tin Way Thinos auk Do. Mr. Roedter, of this city, was placed by Ihe Shaker of the Houae on llie committee on Elections. He was objected to, because he was connected with all the contested questions troin Hamilton county, and also because Ins own seat was contested, n Ihe ground of bis being an office holder and ineligible. Still he wns put on the committer. He has done Ins work, and placed Pugh and Pierce in the House, in direct violation nf the law of Ihe land in violation nf the identical law under which he holds his own seat. Now he list resigned Ins post on the committee, and Mr Pujih is put tu his plsce, lo return Ihe compliment and retain Mr. Roedter in Ins seal in violation of the constitution ! That is the way things are done ! Cincinnati Vaults. Ntw Jtstiitr Autiquitim. Mr. A. C. Davis, of Flemingtnn, is said In have discovered a curious relic in the copper mine recently re-opened Ihe re, after being closed for near lft) years. The re lie is the bmg lost Queen Anne's farthing, for which a very libeial reward has been offered in England. It is said that he die was broken when making Ihe fourth piece. Three of the farthings sir in the British Museum, hut until Mr. Davis discovery no I rare rnnld be found of the fourth. He exhibited il at the Mayor's oilier in New Yuik yraienliy. muniment ni earner aaie, sua ui ucr Miportaiice. is the constitution of thr United Slafs. If we nans from these words, granting the Legisla tive authority to apportion Representatives, lo the rlauset pri srribing by wlmm Representatives shall be lecled, while we hnd diiterenl words used in our State constitution from those in that of the United Stales, so far as Ihey concern our question they are of the same import. Representatives in Congress shall be elected bv "the people of the several States " Representative in our General Assembly shall be elected "by the citizens nf each counly respectively." The question is, hetiier every eituen m Ilamilion county hat a riirht secured to him by the constitution, beyond the power oi me uegisiniurr, in Tine lor an me representatives, apportioned tn Hamilton county t The clause of Iho Stale constitution imports that thr representatives apportioned lo a county, shall be elected by Ihe voters of that county. The clause of the constitution of tho United Stales imports that the representatives apportioned to a Slate shall be elected by the voters ol that mate, inese propositions are loo pimn lo require illustration. It tollowa then, that if the riahl is uoi. cured In all the voters of a Slate to vote fur all the representatives in I. ongress apportioned lo such Slate, then the right is not secured lo all the voters of a eminly to vole fur all Iho Stale representatives apportioned to surlt county. Here we nuglit repeal all Dial we have before ssid as to the practice under (he constitution of the United States, as equally applicable to the rules (,r construction to he resorted lo here, as on thr other clause. Oar Stair convention, wilh the Constitution of the Umtfd Stales before them, and well knowing I list Willi clauses requiring thai rentiivulativii lu Con gress should be apportioned among the several Staes, and elected by the voters of the Slates to which they were apportioned, States had been districted for the election of such representatives, ordained that representatives in our Slate Legislature should be appor tioned 41 among the several counties, and elected by the voters of the counties to which they were apportioned." Wo submit, did not that Stale convention mean hy these clauses in the constitution of Ohio, what the members of the convention knew was well understood lo be the mpaning of similar clauses in the constitution of the United Stales? It seems to us it would be a reproach to that body, to suppose the men composing it meant anything else There are oilier clauses in these constitutions which, perhaps, we oughl to note. Our State constitution requires that the representative should reside in the county, not in the part of the county in winch he is chosen. So ihe constitution of the United States re quire the representative to reside in the Slate, not in the part of the State in which he is chosen. In the constitution of the United Stales it is provided that the Slnte legislature may presenile the tune, place, and maimer of electing representatives to Congress. There is no similar claune in our Slate constitution. By it the lime uf electing representatives is fixed; the place and manner are not. For thei-leu-tion of Slate representatives, the place and manner mui-t be prescribed, a muni the lime, place and manner in the election of members of Connres. This requires legislation, and the power to legislate in Ohio, i" in our General Assembly, in the Uuiled States, in Congress. Uy the general grant of legislative power to Con gress, in the absence uf any special provisions, giving me power to tne state legislature, it would lisve been the duly of Congress to have prescri! ed Ihe time, place and manner of electing. So in Ohio; by the general grant of legislative power to the General As- nembly, that hoilv is authorized and required to pre scribe the place and manner of electing, because the authority is not conferred upon any other bodj , and is necessary to be exercised, for the purpose of carrying out the objects contemplated in the general grunt of. power. I he authority to prescribe time, place and manner, nly empowers the legisTulute lo direct Imw a right rtliall be exercised and enjoyed, but neither gives, or limits, lakes away or abridges any right. 1 he power lu prescribe the manner ol electing, af fects nut the right of the voter, but it is an authority to direct how the right shall be exercised and enjoyed. In liny a convention elected to frame a constitu tion for the Stale of Ohio, assembled. To assist them in the work in which ihey were engaged, that convention referred to llie constitution ol the United States. Die constitution nf the United States conferred Ihe legislative authority of the government il created, upon Congress, to be composed of a Senate and House of llepre sentalives. It is ordained that the representatives lo Congress should be apportioned "among the icveral Slates," thai they should reside in the State in which Ihey were chosen, and be chosen by the people, the voters of the Stale in which they wore selecte-', and that the lime, manner and place ol hnldingelections for representatives should be prescribed by the legislature of the Stale ; reserving in Congress ihe right to make or niter such State regulations. The government of the United States, under tin constitution, had been in existence thirteen years when the conventionas-sembh-d to frame our Slate constitution, and seven elections of representatives in Congress had bee.i held It was a practice on all hands admitted to be constitutional to divide the States entitled to mure than one representative, into congressional districts, and tint practice has continued to this day. Our Slate convention, with this constitution of the United States before them, knowing the construction that had been given to iho provisions cited, and the practice under ihem, conferred the legislative power of the Stale government upon a General Assembly, to he composed oi a senate and house of representatives. It ordained that Ihe representatives should be apportion)!)! among the severul counties, that they should reside in the county in which Ihey were chosen, and be selected by the citizens, the voters of the county in wlurn they were chosen, on the second Tuesday of October of each year leaving the places aud manner of holding elections lo be regulated by the legislature of the State. Can it be tint that convention intended lo confer any other or different, any more enlarged or restricted powers in regard lo apportionment, ur in regard to the right of voting for lepreseuiauves, and llie manner ot lioiumg elections, than were conferred by the constitution o the United States ? The main matter was, and is, and should be, to al-lord to every voter a chance to vole for al least one Representative, and equality of rights is best secured when each voter has a chance lo vote for one, and nut more than one Representative. In looking into the proceeding nf the convention which met In frame our constitution, the old manil scripts of which are still preserved among the archives of Stale, as valuable relerences, to enable us to give that construction to the constitution, which it wise framers intended, we are much strengthened in the position we have assumed- We have the original manuscript before us, and copy from it the following. "The seventh article of the constitution comprehending the general regulations and provisions nf ihe constitution," "was taken up and read llie thud lime in nruer lor its hna I passage, " A motion was then made lo amend llie taid article at the Secretary's table, by striking nut after Ihe word Contents in Ihe tilth hue of the third section these words following. 4 No new county shall be cttsblish- d by Ihe Legislature winch is not entitled bv its numbers to a Representative.' " This proposition was resolved in the altirmittve, but was aderwards strick en out. 1 he convention wer? almost unanimously in lavor of the single district system, without reference lo county lutes and county limits, as their proceedings show, and the piactice under il. They used the word county as a convenient phrase of expression, but never intended, or contemplated for a single moment, but what it was clearly within th meaning of the constitution not only to divide a county into districts, for representative purposes, but In join two or more counties for the same purposes. We have already alluded to the similarity of the provision in the constitution of the United Slates aud that of our own, and think that liic position we have taken is already abundantly sub-ta ned. Bui we cannot refrain from referring to the constitution of the State of Tennessee, from which our own constitution is in most respects an exact trans- Clip!. The Constitution nf the Stale nf Tennessee was adopted in I7H6. It was the first Constitution, so to speak, formed and adopted in the then western wilds llie only Constitution in the (treat West, which tho framers of nur own could look lo as a model. Thev k Ihe light uf experience aa a " lamp lo their feet. aud a guide lo their pathway." They were guided and controlled in their deliberations, hy the purest patriotism ; with an honest desire to give lo the people ol Ohio, a Constitution, the provisions of whtcli has been li sted by experience. Art. 1, Sec. , of the Constitution ui tne late or Tennessee, reads t " The legislative authority of tint Stale shall be vested in a General Assembly, which shall consul of a Senate and House of Representatives, both dependent upon the people." Ihe Islseo. oi art, 1, of the constitution of Ihe Stale ol Ohio is a literal copy uf the above, except instead d llie word " dependent, Ihe word "elected " ia used. both however of the saute ineaniiiir. In the second section of llie consti union of Teun-ssee, in relation lo representation, these words are used ; " the number ol representatives shall, at the several periods nf making such enumeration, be fiird by the legiilaiure," and apportioned "among the several counties, " In the tame section ot our own constitution the language is "Iho number of representatives shail, at the several periods of making such enumeration, be fixed by the legislature and apportioned among the several counties " These provisions are exactly similar. This provision will be found in the 4lh section of the constitution of the State ol Tennessee : W hen a district shall w composed of iwo or more cuunties, Ihey shall tie adjoining, and no county shall be divided in forming a district." hy waa il deem, ed necessary lu insert this provision in the constitution, ti ineargumeiiicnntfiided lor, that the language, "ap-portion d among the several counties," was sullicicnt lo hunt the legislature, in apportioning represent stives to a county t They evidently considered that thr le gisiaiure uiu power, under llie 2d section, lo rfiri'ia a county, and hence the i user I ion uf the above provision uf tlm 4th section. W hen we turn In our own constitution, wr find no such restriction. Why was it Irfi out, was il by acei-dent.' Such men were not likely to have accidents of so grave a character happen. Tln-y had this constitution of the Slate of Tennessee, studied and pon. derrd well upon it copied largely from it provisions, yei uiey uiu not restrict the Legislature irom itiviumg a county, m fortiori ; why,lhey intended the Legisla. lure should have the power to dtride a county for Representative purposes It would indeed he a very remarkable eonclusiun, thai Ihe framers of our constitution, could have, as ihey did, literally copy some seventy odd sections from the constitution of the-t cuaie oi tennessre, wiinotu considering ana acnoer. sting upon the question of the division of counties, for Representative purposes. The constitution uf the Slate ot Tennessee, providing against it by express provision, while our own constitution as before remarked, contains nosurh restriction. Take tutu consideration the proposition above olrJ from the tnanu script containing the proceedings of Iho convention Ihe fact of their having before them, and dralltng largely upon the constitution of the Stale of Tennea. see, and Ihe United State, can any one doubt, but mat una very question ul the division ol counties, was maturely and delioeralely considered by llie convention. We cannot rsca the conclusion which, taking all these facts together, Is forced upon Ihe mind, that iho framers of our constitution eiprrasly meant that the Legislature shmild have Ihe right lu exercise Uie very power winch bava bvvneieieisvd in the pas. sage of the present apportionment law. If they had not so intended, and understood Ihe 2d section ot the constitution to confer this power, they would have so declared. To say that the power has never before been used is no argument against tho existence of uie power itself. I he far-seeing men who framed that venerable charter uf our liberties, no doubt look- ed into the future, and beheld growing up with al most magic power, the "great Queen City with us ureal manufacturing and commercial interests, and believing the true republican duct ine lo be, to bring Ihe Representative directly home to his constituents, purposely refrained from restricting the Legislature irom a-division ot a county tor Representatives purposes ; thnl this greul metropolis of the west, should have the right independent of ihe conflicting interests of the county, to elect its own Representatives to Iho uenerai Assembly. Your committee are therefore of opinion that Oliver M. Spencer, and George W. Runvsn, are the legally elected Representatives from the first district of Ham- tton county. That the law under which said election was held, is constitutional snd valid. SATURDAY EVENING, Fcbrnnry 3, 1849. 11 ess rs. Pennington and Ifnrtlepity'i Report The extracts which we make from the report of the minority of Ihe committee on Privileges and Elections, touching the Hamilton county caso, occupy our columns to-day, to the exclusion of much other matter of interest, and compels us to defer until to-morrow Ihe proceedings of the House this forenoon, which are not, however, of very general interest. The Hamilton county esse was the great measure of the session, at the decision in that caso blends itself Willi all the prominent acts of the session. Its intrinsic importance the principles hitherto settled which it upturn and the unusual and extraordinary manner in which it was consummated ail concur in imparting lo lint case degree of interest rarely equalled by a legislative act. It is important that the people of Ihe State be informed in relation to it; and we make no apology for devoting to it so Urge a portion of our paper. Read the report. MONDAY EVENING, Febunry 6, 1840. 'George Sheldon- 171 00." The good people of Portage county express some surprise that Mr. Sheldon should have come down here and spent several weeks pretending to be the Representative from that county, and pocket $171 00 for the trick, when he knem all the while that he was nut the Representative from Portage at all.at.all ; but thai Mr. Rockwell was here with the documents, rea dy at any time to enter upon his duties, w henever Mr. Sheldon would please get out of Hut seat into which he stole on the morning of the 4th of December, a few minutes before 8 o'clock. The people of Portago are little schooled in the tricks of Locofocoism, or Ihey would nol be surprised at such matters as these. There was a chap came up here from Clinton county who did not even pretend that the public had tent him ; but only that he had been a candidate and beaten by more than (iOU of Ihe people's votes and nevertheless he came up and claimed pay, and reccired more than the man whom tlit people had chosen as their Representative ! We believe there is now here another man whoirfl not chosen in Scioto and Lawrence, (although there hare been two elections in that district, and he was a candidate.) He ts undoubtedly expecting pay as a member, and we do not know but he will get it. Ho certainly will if the Locufocos can get through a resolution allowing it. But this is not the most. There it now a man by the name of Juhnson, who is here pretending lo be the Representative from Medina, if Ao Arioirxthal Mr Bell wa chosen by the people of that county to that oflice. Mr. Hell is here ready to enter upon the duties of the office lo which he was fairly elected; but Messrs. Townshend, Roedter and Leiter have been so much fatigued by the effort by which Ihey legislated Pugh and Pierce into the Legislature against thr. totes of the people of thefir tt district, that they have not been able lo consider the Medina esse. Su Johnson keeps voting on in the House snd will claim and receive pay for it just at if he had been elected, and was an honest man ! Apportionment Law lis Fairness. The fairness of the Apportionment Law of last winter is triumphantly vindicated by the result under it. Take the Governor's election, and the majority fur the Whigs is very small. The Legislature is also nearly equally balanced, as near as it can be without a tie- Again, take the Presidential vote, for each of Ihe three candidates, and again the law vindicates its perfect fairness by ihe result. The total number of voles given is U2H,4.3. Divide this number by 72, the number of members in the House, and it "gives one Representative for ench 4,"u2 vnlea. Now lake Cass's vole, 154,774, and divide by 4Jtii, and the re sult is 34 or near it Take Taylor's Tte, lUd,oj!, divide as before, and ihe quotient is JO Then take Van Buren's vote, :iT,l(i, proceed in the same way, and it gives 8. These figures indicate the precise slate of parties in the Legislature, and should satisfy the most captinus that the law is fair. Apply the same test to the Senate, and the result showa the same fairness. Hamilton Intelligencer. Very true. But IheoirneMof the law is precisely the reason fur its being so obnoxious to the Locofucot. They do not desire an apportionment by which the sentiments of the people shall be fairly reflected. They hsve never given their assent loaueli a bill since the Locufoco party had a being. They rely for llie success of their party, upon unfair legislation; and they have perpetrated some acts in that wsy fur the purpose of securing power, thai would shame Lucifer himself. They are now calculating tn try their hands al the game once more and are confidently relying upon Mr. Rampai.i., Speaker of the Senate, to aid Ihem in their nefarious purposes. We incline to the belief thai Ihey are "calculating without their host." It's shall su. Clinton County Election. By tho special election which washoldenin Clinton county, on Wednesday last, Alanson J.r.rt Eq , is again returned to his seal in llie House of Representatives by a majority of 209 over his opponent Til-liughast, who received the combined support of the Locofouo and ihe Locofoco Abolitionists. It will be recollected, thai at the October election, two candidates were star'.ed in opposition to Mr Jones J. Trimble, Loenfbcn, who received 1080 sotes, and J. F. Patton, Free Soil, who received 7'J5. Thr vote of Mr. Jones on that occasion was 12118 he having been elected by a plurality of Olid less than a majority of the whole vote. The triumpnant election of Mr. Jones in opposition to all the elements of corruption in Ins district, exhibits in a strong light Ihe opinions nf the people in regard to Ihe doings tins winter at the sent of government. We give the following synopsis of tho voles given at the two elections : October Election. Whole vote, . Jones Trimble Patlon Whole vote. . . Jonet 'i'illinghast . . Tempting Oilers. 'They, (the Whigs,) are only enraged, if the truth must out, that this gentleman, (Mr. Morse,) persisted in making his vote upon this question a matter of principle, and obstinately refused the tempting offers held out hy the mitt res fur his tote on th opposite sice." Clerk of the House. The Clerk of the House tells a falsehood in the above paragraph, which is reiterated with aggravations in Ihe columns of the Standard. We say that it is a falsehood, and challenge any nr all the parties concerned to show it otherwise. Let Mr. Morse speak out. Whowanlrd to buy him? What was the amount tendered When and where was the offer made If there is a Whig who has degraded himself hy going tu so poor a market, to buy so inferior an article, we should like to know il. Give us the whole history of the transaction, tint we may aid in holding up to the popular view, so individual bo base, and with taslesto grovelling. We are nol to be deterrei by insinuations that we had better hold up. If Mr. Morse and hia organ want to play bluff with us, Ihey must have something better than Hut for capital. They have thtealened lo expose the actors. Let it come out. Give us Ihe facts, and we will aid Ihem in making the exposure. Tub SriciAL Exronic.ir. - The Cincinnati Glebe, upon llie subject of an U. 8. Senator, thinks that "this Slate will be properly represented in the Sen-ate of Ihe Union, only by the selection uf a citizen who will be universally recognized as a special ex. pontnt of ihe popular sentiment upon the guaranties of freedom and the rig I its of labor under the federal constitution, which means, aa near as we can comprehend that species of lingo, that he must be a Free Soiler and nothing els. The Globe then lays aside Mr. Giddingt, with a very high flown and laudatory obituary notice, after which he lakes up Mr. Chase. If Mr. Chase possesses the medley of contradictory qualities winch this editor represents hun lo possess, and resembles Ihe great variety of dissimilar chaise, ten which his eulogist believes him to resemble, ho must truly be to the State of Ohio a very spttiat ex ponent indeed. Orr thr Briiioi. Neighbor Glessner, of the Mansfield Shield and Banner, driving across a creek, Mi'ssrst th hridg, and drove Ins horse into the water, where the poor animal was drowned. Bro. Glessner has been a wayward driver all hie days. In driving the car of Locofocoism, he very often drives wide of the mark 1 The reins should never bo trusted lo such hands. "Keep Cool." So says the editor of the Cleveland True Democrat. Keep cool!" There's only a little rascality been committed that is all. There is no use tn getting excited over it. " Keep cool ! " The law has been broken and ihe constitution trampled under foot nothing more. What is the use of gelling warm about that? "Keep cool!" Several men are setting and voting in Ihe Legislature without the form of law r Ihe shadow of right. That it nothing:. " Keep cool ! " And so the editor says: Kkkf Cool,. These are days when this advice is very applicable to all men. We live in the midst of xeitement ol events some of which are passing strange. Tho votes of lowtishend and Morse nro strange very. In them the public are disappointed Ur 1. has changed his views ot the law Mr. Morso his opinion. If the law is unconstitutional, send tln-iu all b ick and repeal it. If il is right, sustain its pro. visions. II it is constitutional, aud as long as it is un repealed, Pufrh and Pierce have no more right to sea's in the Legislature linn any other citizens of Hamilton county. We llunk Inwnshend and Morse have vu. ted wrong, and in the admnston of Pugh snd Pierce the law has been violated. This is our opinion. But keep cool. Two voles will not destroy tlio soil party, nor its ever living and growing pnn- Special Election. Showing Losses In the Whig vole in the Loco, &c- ...3113 ...ia:w . ..10H0 ... 7U3 ...21C7 ...UH8 ... 1171) ... no ... ti'JO Free ci pics. These cannot be destroyed they will flour ish, let men act a they may, from motives huiicit or corrupt. Onward ! Steady ! True fa you. Two votes wilt not destroy the Free Soil party, but it has, in our opinion, pretty effectually used up two inc m burs of it, and Ihe re are doubtless more coming. That JJnrgnin. We say OUT WITH IT-let nt have tho vhoU truth, the city is full of rumors of sll sorts of borgaii'S mier-u ny tne I ay lor v hrg anything and everything, if Messrs. Townshend and Morse would only vole in Spencer and Runyan ! ' ! ! "Statesman. And so say we-OUT WITH IT 1 Let Iho truth be known. If there ate so many rumors, givo ua the truth on which they rest. Who wanted lo buy Messrs. Townshend and Morse How much did lln-y offer? In whose name did Ihey offer il? By what authority was the offer made? When and where did hat take place? Give us the whole. There is another thing too, which we want tn know. We should like to hear who did buy them, how luurli teas paid down, how much is yet coming, what it con sists of, and so forth. Give us the whole of il. We hope (hat our neighbors of Ihe Statesman and Standard will keep nothing back, when all are so aox-ious lo know. Speak out, and the truth, for once. gentlemen, if it is but for an experiment. Advance or Istki.i.iokscc We received, f hi morning, a Inter from ihe "Acorn region," dated Feb. 1st, inquiring wilh great earnestness, whether it is a fact that Seabury Ford has been inaugurated, and if the address published in ihe paper is really his. We understand that there are a number of bets pending upon the question whether General Ford is really Governor or not those who hold the negative re lying upon the declaration of the Statesman, that ' In law, in fact, and by the constitution, John B. Wclk-r is Governor of Ohio." There are tome, also, who go so far aa to declare thai there is no organization of the Legislature, rely ing fur proof upon ihe fact that they have not heard that the Whigs of the House have come to the terms laid down by Mr. Pugh, in the following extract. Without the couft4sion that you hare acted anienr- rantablif in your stl nipt to organize the House, tiikhk can aii th f. he will bb so oiioahzatio. !" must give up your attempt you must dissolve your body you must burn your records, or thi will never lake place. Iff hurt resulted ta stand upon the postittn that w are the only ortfitniiationtkat auy othtr is legal and ov.tm.rttK mist comb ur to tuat, on Tiir.ni c a it be so Houtr!" Comiho EvKttTS. . The Ilamilion Telegraph thus shadows forth the ulterior designs of the Locofocot, in regard to the apportionment law : " The success of Pugh and Pierce ia but one truth told at a happy prologue.' The 1 swelling sol of Ihe Imperial theme will be thr total repeal of th vhvl infamous apportion-mtnt icktmc" Dr. Tiiwuiiirsu Hit Denncs. The Standtrd of this morning devotes an article of extraordinary length to the defence uf Ur. Townshend from Ihe charges which we made against him. The defence consists of an argument against the constitutionality of the apportionment law of last winter. In reply, we deaire merely to cite to all parlies concerned, the following tt(aori(y, taken from ihe addreas of Dr. Townshend to Ins constituents, on his nomination. Il is as follows : I do not believe the apportionment law of last winter to be unconstitutiotisl," The Standard had belter Iry again. (7 The Cincinnati Enquirer thinks that the mart who thought that "Ihe House could not wait for the mother of Judge Spencer to die," will scarcely stoop to contradict the charges which are made against hnu in the Ohio State Jonrnal. Capt. Roedter may do exactly as ho pleaaes in the premises ; bulh-s friend, the editor of the Cincinnati Enquirer, must retract h false thargra against ui, or the fine benevolent old gentleman will most assuredly suffer for it, before the close of the session. We shan't forget the lies of the one, nor the brutality of the other. Mind that. IT We naked, the other day, why Mr. Morse voted against Ihe prima Juris claim of Messrs Pugh and Pierce, and afterwards in favor of their right to seals. That question has not yet been answered. Does Mr. Morse expeel that silence in the premises will be comfortable that Ihe thing will be passed over, forgiven quietly, or forgotten? Sir, the very birds of Lora n counly will sing it in yoar ears when you steal loyour home, if home you dare lo go. A felony may be fir-gotten when its perpetrator has died even a murder may pass u nre tne inhered after a tune; but when has the traitor or his treachery ceased to be detested ? When thr estimable lady of Col. W'eller wai known to be lingering upon her death bed uf consumption, the Journal was a conduit lor a grossly scurrilous doggerel, by Greiner, the Slate Librarian; into which her name wa dragged, and her rioim-ato lies and feel. ings acandained wun tne lerocity ot a fiend and in the la linn age of a blackguard C'laciMMafi i.'aomrr. With all pmper feeling of respectful consideration for llie editor of the Cincinnati Enquirer, we are eon- strained to inform htm that the intensity of his fee. ings has led hnu to commit a slight, but very common error, which consists in hit having lied most ridicu lously. Hnittr.n on thr Hi ioto We saw th t.m.... t II, Gordon, lying at the Piketon Ltmlimr.on TW.,1,, last. There were rumors here, on Hum!. thi n... Gordon had surmounted the Slate Dam, and would be at ihe Bridge on the Columbut Road in the eve-nmg. Bui Una was a false alarm. If any body can push river erati up Tomlinsnn a Falls by dint of skill, that man is Captain Gray ; hut he hns nut reached the old Metropolis yet. t htllieoiAe Umtette. Prob a bm Mrhiaub it limit Lira It Is ed ihal the Hon. John Mi nor Bolts has offered Ins nand in marriage lo mss Julia Dean, the young and celebrated aetnss, from the West; and it is understood that his otter has been arc pled. Al onr of oar hole la a lew days since, Mrs W. in-quired nf a gentleman aitimg next to her, the differ encr between auc eimihs snd a tickfamili Ath r destroying a lar.e p ece of lumoe pie, he replied aa l.. lows I A far simile, madam, may br a wai t, authenticated fact; while a tick family cannot be rt girded a a WKI.I. ouc I i

WEEKLY OHIO ST A (Tl!7! ill JO DM AT VOLUME XXXIX. COLUMBUS, SATURDAY, FEB RUARY 10, 1849. NUMBER 24. PUBLISHED EVERY WEDNEHPAY MORNING, BY T1IIULL & REED. JiBc in th. Journal Building, iulh cut oorrwrof High Irsetnnit SuR.r allny. WM. B. THRALL AND HF.NKY BKKP, Editohi. TERMS: Turks Doi-hhsfkh ansi'H, which mybediichnrgci by Int ptyiuKDt ol"l'wi UuM.Aitf in iuiiiue..iiii free ol piiittfn, nr ill' per c.iitHtf. to Atfeiit. or Collector.. Tin Jnitrnul ! "leu published Uaily end Tri-Weekly An J i,u iheyesri Daily, iorunum.Sli Tri-Weekly. S J OIlToTEGTSLiTUnE, Friday, February 2, 1840. IN SENA I E Petitions presented und Referred. tty Mr. Backu, fniHi the Lope n. for a change of name. By Messrs Barns ami Whitman, for the election of associate judges. Ity Mr. Clay pool, fruu eiliani ol' Waverly, tor p .wer to grant licences to groggeries. Ity Mr Kendall, f"im Capt. Kinney, fr a cluing in the mili tiu la. By Mr. Myers, tmm cilu-ns of Henry, in regard to new c me. By Mr. Wilson, (nun llic otlioen iif tlit deaf and dumb nstlum, fur an increase of tin nppropnitition fur pcKiiij teachers. Reports of Standing Committees. Alter sundry reports uf Imc il bills, Mr Archhnld. Iron the Judiciary com mi Her, reported back tlm bill providing fur tin Vote uf the people for or airniiut a convention, to tnrm a new Coiistitu-lion with amendments, and recommended lis passage. The aiiieiidoiciiia were agreed to, and the question being nil pngrossuiei.t; ,M s.r. Goddard, Wilson and Ewing, briefly ad vocal' d tlie passage of tlu' dill. The lull wm ordered to be engrossed. Ayes 24, noi'i (i, an follows: Avtct Messrs. Ankeny, Archhnld, Backus, Beaver, Bennett, Blake, Btoeknnm, Horn, Byers, leilll'SHl, Dinniloi;k, DoMm, Emrie, Ewing, Goddard, I In-dricks, Lewi., Myers, Patterson, Swift, Viiml, Whit-man, VViUm, and Speaker- 24 N in-Mi'n CUvpool, Cuiiklin, Corwin, Hainei, Kendall, and ticotl-ti. The bill waa ordered to be read a third limeto-morrow Bills introduced find rend a first time. lly Mr. Den-rtiimi, lo authorize I lie city council of Columbus to occupy part of Fourth street and Wnlniil alley for a M irkel House. The constitutional rule waa dispensed willi, and the bill wbi read a aecutid time, and cmn-rnilied11 v Mr Hendricks, to amend the act incorporating Hie Diyion, Lebanon and Deft inee railroad c puny. On motion of Mr Blake, the Senate renolved itself into committee of the whole, Mr. Emne in the chair. The lull to repeal the charter of ihe Hank ol Wui later, the (link of Manhattan was oiacjaaed at length in rrtiiiitiiltet). Mr Ityer aaid that the repeal of llie charter of the German II ink of Wooater, aooie yeara ajfii, dad dime (treat hirm lie an id he would move, at III proper tune, in atrike out the Hrl i-elion nf the bill, which repeali the clnrler of the Unnk nf Wonter. Mr Wil.mi held lliil the true doctrine waa, that D ink clnrleri were repcalnhle at all tiniea hy the pow-er crealtiiif ihi'in. Tina leifinlamre hat power to re-penl every hank charter in the Stale. Mr. U'tdilarU would vole aiinl the repeal of all bank chirtera. W lieiiever a hunk forfeited any pro-Tui'in nf iu charter, it could be clowd by the Judicial trilmnala- The firt aection wai struck out, and the order waa paired. The commitlce rnae, and reported progren. The Senate took t recent. 3 o'clock P. M. The afernonn wnt .pent in committee of the whole, Meain Lewii, Whitman, Cla) pool and Dubbi tuc-ceviively occupynjf the chair. Amoiii the Inllrj cotiHtdered and appropriately referred were the bill for eit'ihliihini; the .en hour vateiii, and thti bill chartering the Scioto valley railroad company.On motion, the Senate adjourned. HOUSE OK RKIMIKSKNTATIVES. Prayer Uy the U-r Mr. Doolnile. Pttitwnt presented and rrfrrred. y Mr. Penning-ton, from ail citiienanf Si.Clainmlle, for power to build a school houae ; hy Mr loiter, from riiixeni uf Stark, for permiaiion for the county to anbicrihe to railroad tuck ; by Mr. Mirth, from ciiixe ntt of Preble, fur a railroad charier; by Mr. Iliedter, from criteria of ll'iimlton. for Aa-ciatn Jude; hy Mr. Miller, from H cititeiia of Aohland, fr J. C Myera aa A-.ociate Juile; by Mr Pugh, Irom A M iore, relative to a clnim ; by Mr. Keller, from cilnenaol K iirfield, agiinat the new c-mnty nf National ; Uy Mr. 0peland, from til ciinentof Wnihinjjlon, Marrow rotinty, for inls nf .!(... I landa; by Mr, Scott, from HKIiritixeitaof Smith, field, J tf raon county, for aale uf at-hool landa; alao, froi.i Q-i ritifni of SntiihhVld. tor repeal of black laws; by Mr. Olda, from N J Turner arid 74 others, f.r a turnpike mad fr Circleville to L irhyville in J ickaon county ; hy Mr.Towuahetid.frmn Hl citizena f 8imluky city, for an amnidmeut to the general ritilroad law. Bills read a third time and passed To ret ivean act to incrpurate Uiili p Fraternal Calvamatio lljpliat trMiiinary. To repeal an act preacribinir the dutieaof Sunerti-sora and relating to road and highway, passed Jan IH4.Y For .he relief of John D Borrell. Mr U'miianl moved the indefiinle postponement of Die lull'. hn liuillv withdrew his niolinrt Mr Puifh niiii aed its paaatre. The Treasurer had no buames lo lake anvtliniif bnt Pp.-cn. He therefore renewed the motion lor indefinite postponement Mr. Kiddle and Mr. Smith of Madison approved the nnitre ) the bill Mr Mott thotiifht the hank of Xenia resimnaiMe and if the petitioner waa an honest man, hn was in ftvor nf aaistinj ln:u to lliraalt the nllioers of the hank or tear down their ahauly. Ho ipnuld vute . mini the lull. Mr Whitely held lint the County Treasurer, if he had received the money originally, waa responsible ir the loaa. Mr Howard staled the circumstance! under which the money had been received by the luwnslnp treat' itrer There was no evidence that llie hank nl Aenia knew of the failure nf the VVnonter bink at the tune the moiiev waa laid nul; but the lact that conaidera- lile niiii of that sort or money were lust then pud out, looked somewhat suspicious. Yet the fact of a kuowl litre nf the imolvenrv nf the bank, if that knowledite eiitled with the nlHcersof the Xemabauk, Ci-u'd not he proved. Mr l'i nil deelared that if the hilt pa-snl, after it is known here that the hank nf Xema had paid mil Urge sum nf the Woosi-r paHr, he would utre notice uf a hill f repeal the elmter of the Xema bank. Mr Moutfori would net sum1 of his friend lo introduce a bill l'r his relief, a lie had lost $170 by the failure of the Wnnaier bank. Mr L-iler liked upon iho bill as entirely lorn I, and if the lax payers of the township wish il pnssed, why, pass it. tiiddle the responsibility up-m the whole townahip, and you make so many umre anti-hank ferrous. Stick it on as many as you can, and vnit d-i tint much ifoud. Mr. Olds sutfirested, in the course of some remarks, thai the Woo-ter II ink was nf Locnfoco urigm. Mr Whifly 3 o'clock, P. M. Mr Brewer demanded a call of Hit Housa 62 members present. Reports from select committees. Mr. Pennington reported a bill to authorize the division of St. Cluiraville into two or more school districts read the first time. Mr. Scnit reported a hill authorizing the sale uf a part of school section Hi in SoiitliBeld township, Jefferson county -read the first time. Mr. Hardesty reported back the bill to revive a certain act therein named, aud it was ordered to be engrossed.Mr. Clin flee reported a bill to incorporate Ruckcrcek, Ashtabula county read the first time. Mr. Hownrd reported back the bill for the relief nf John 0 Burrell, Willi Iwo amendment, I lie first of which slates tiint the Xenia Uank paid the Wonsler money to Mr. llurre!) alter or about the time the Woo ler liank suspended specie payment; and the House having deter mi tied that the bill should be read the third tune now, Mr. Norria moved to recommit it to a select com muiee, for the purpose of amending it so as to make it obliiriilorv upon Mr. Jlurn- Incontinence and pros ecute in lint I judgment, n suit against the Xenia Hunk for the amount. The House refused to recommit, yeas 25, nays IW. Mr. Pugh moved the indefinite postponement of the bill lout, yens 21, nays 42 I he bill was then pissed yeas 41, nays 41. Mr. M-iri is reported nack the bill to regulate the sale of intoxicating liquors in Monroe county, with an amendment, winch was disagreed to. Mr Letter moved to strike nut "counly ol M-mroe wherever it occurs in the hill and insert "State of Ohio (linking it a general law. Mr. Miller moved to amend the amendment by ex cepting the I Hi la Judicial circuit. The question uf temperance and licenses wn disci sued by Messrs. Olds, Morns, Miller, Leiter, Mursh, Molt and hd-uin. Heloro acting on the amendments. The House adjourned Saturday, Pebrutuy 3, 1840. IN SENATE. Petitions presented and referred fly Mr. IUckus, from citizens of Cuyuhotfa, praying that swine be restrained Irom r u no i n it at large. Hy Mr. Heaver, from ctlizi-ns of Ohio, for lite repent of nil hiws making distinction mi nccnunl nf color; also, from citizen uf Trumbull and AshUlmla, lor the new county o Or- ange. Hy Air. llorton, iiotn m citizens ol Meigs, for the election of Columbia Downing a-neiriale judge. Hy Mr. Aukenv, three petitions troni 47(3 citizens ol Tun irnwa and Coshocton counties, fur tin new county of Orange. Mr. Arctitioiii, irom tne judiciary commuter, repor ted hack the H"Ue bill to establish colored schools, ii ltd repeal th bliiek Inws, with an amendment providing that nothing in the loll shall be construed as re pealing the provisions of the jury law Mr Oi'iinison stated tiint ne imu uau no opportuni ty, as a member of the Judiciary committee, to exam-i ni this bill. He moved m recommit the bill that ho might have an opportunity lo examine it He made this request, not lor llie purpose of delay, hot thai he might be enabled to do hi duly as a member of the Committee. Messrs Lewis and Bennett advocated the pnssnge of the bill, but were disposed lo vote to recommit through courtesy to Mr. Hennisnn. Mr Ulskesaid he was ready tow, as lie hnd been ready for years, and had urged the passage of meng. urea to do away with all lairs making distinction on account of color ; he should, however, vote lo recommit Ibis bill to (he Judiciary committee, n m act uf Cf intly and courtesy Inwards the Senator Irom trunk- lin, who has manifested a desire lo examine the bill. The hill was recommitted. Hills introduced and rend a first time. fly Mr Corwin, in relation lo taxes, schools, and sewers, in the city of Toledo. Hy Mr llorton.lo incorporate the rnmeroy academy. Hy Mr. CUypool, to iiicororatu the Chillicothe Cemetery company. Uy Mr- Conklin, lo amend an act entitled an act to incorporate the town of Sidney. HOls read a third time and passed. To incorporate the Scioto Valley jtailrosd Company. To make W L Davidson llie legal heir of W. 11. Mixey, deceased. For llie better support of common schools in Per. rysburgh, Wood county. To amend the act incorporating the Ross county turnpike company. Fixing the nines of holding the courts of Common Plens m the 7th Judicial circuit. The bill providing for a vole on a convention to form a new constitution, coming up for a third reading, Mr. (jnddard, with a view of hiving a full Senate when the vote is taken on the bill, moved to lay it up'n the table carried, ayes 22, noes G. To incorporate the London, Some r ford and Me-cliamcstiurtrii Turnpike coinpuny. To regulate the levying of taxes for road purposes in lleluionl count? To incorporate the Mansfield Fire Company, No. I. To authorize thu aale of certain school lands in the county of Wood. To incorporate the Madison and Fayette turnpike cnmpntiy. The Speaker laid before the Senate the special report of the Secretary nl Stale, in relation lo the paper purchased hy the Stale. Il was referred to the committee on Printing. Mr Coddard ntiVrt-d the following restitution, which was adopt, d: Itrsnirrd, Thai the Ailorney General lie directed lo institute proceeding in tfn trvrranto, against the Hink of Miuhiitan.ihe Hmkof Wonsler, the Hmk of .Nor-walk, and the Hunk nf Sandusky. Mr Myers nil re d Ihu fallowing resolution, which was adopted : Itrsatredi Tint the committee on the Judiciary he directed t enquire into the propriety nf repealing that portion of the law incorporating the Slate Htuk of Ohm winch provides for llie mgnmzition of additional branches, and into the propriety of the establishment of a free banking system in its place, with proper restrictions, and full security In the bill holders. On motion the Senate adjourned. NfTit v th RrronrKR On Thursday, Mr. Diiumock oresented a remonstrance from Henry Ream and others of Tuscarawas county, against the new county nf Walhoiidmg. 11 was erroneously reported as a petition for tlm county. Yesterday, by a typographical error, Mr. Handall is said In have made a motion to potMine the third reading of the lown of Patriot until the first Moiulay of December. It WM Mr. Kendall who made the motion MOUSE OF REPRESENTATIVES. Prayer hy llie Ue Mr. Cheney. The Speaker laid bore the House a special message from ilie Governor, relative to the proposed California and Panama Railroads. Also, the annual report from the trustees ot Cincinnati township. Also, a message from the Governor, relative to some copies of the" Documentary History of the Revolution " Pttii ions presented nd referred Hy Mr. Pennington, from 11 citizens of Helinmil against Cumberland ; hy Mr. Urewer, from Mr. Baler on the lax law ; by Mr. Olds, from Norman Julian and .V others of Halt creek township, Pickaway, on the school laws ; also, from Wm. II. Lybrand aud 31 olhers of Pickaway and Fairtield, for the appoiutmrntof an administrator Uiii tli- ch .rt.-r . rriMwrd by ll.e I ,1" ,rd, f'",1 Mr '!""' I V W nd. .! Khfll nllt..pft Vliilidi.n liiivfiMliiii VV .1 Wlnfi mid four renritado Democrats, Mr. H'tfger called Hi gentleman In order for denouncing, as a rMf g n is, one of the moat radical Loco-focoi in Guernsey county, the Hon Win Lawrence. The debate was furth r continued by Messrs. Olds, Johnson of Cnyiihoga, Vorhes, and Edsoti. Mr. Poirh withdrew Ins motion to postpone the vote on engrossment was reconsidered ; and the bill, with an ainondment from Mr. ti.niih of Brown, was recommitted to Mr Howard. The third readings were continued, and the follow ing bills passed -. To incorporate the M. osier Fire Insurance association.To repeal llie charter of the Hartnerand Lancaster turnpike company. To inoornorate the Oxford, Western and Conneri-Till" turnpike company. To inc or v orate the Waynesville and Bugarcrrek turnpike ootiipauy. To incorporate llie Rrlief ftra company of Chilli-enthe.To incorporate the Batidusky City and Caslalia plank road company. To incorporate the Savannah toll bridge company. To authorize the sale of section Hi, Pleasant township, Hancock county. To amend a part of llie act incorporating Steuben-vllle, Ji fft rson county. Senate bill lo orgs one school district No. 7, Liberty township, Clminti county. Senate bill to incorporate the Hamilton, Rossville, Millvdle and Hcipio turnpike cninptiy. Senate lull lu incorporate Iho Norwalk plank road eouiiany. Mr. Gidtlinira. on leave, recorded liis vote against the resolution admitting Mi ssrs, Pugh and Pierce lo eats in llie Mouse Bills introduced nnd rend la jSrsi tints By Mr Armstrong, in inenronnte the Ml. Washn.glon Col-Ifife of llniuiltnn coiinir. Hy Mr. Leiter, In repeal the charter of the Bank of Ji or walk. Also, to repeal the charter of the Sandusky Bank Reports from Standing Committees Mr. South of Jlmwn, Irom the Judiciary eommillee, reported naea the bill to amend the ant allowing tunes before Justices of the Peace, and it was indefinitely postponed. Also, reported back the bill to prevent the same permit from holding nvre than one of the several ntncea therein named, and it was indefinitely postpomd. Tue Uoutt look a rtctsa. P. W. Norris and othera of Midison township, Wil liams county ; by Mr. Julian, from ul citizens of Mi ami; by Mr Letter, front 4ti citizens f Stark, for 10 bom system ; also, from 4. citizens, lor the protection uf mechanics , also, from It: I citizens of Ohio, for homestead exemptions; by .Mr. Urewer, Irom 21 citizens of Richland, for Ihe election of James Cum-mmgs as associate judtte : by Mr. Johnson of Cuyahoga, from citizens of said county, for a law relative lu swine running at large ; hy Mr. Smarl, Irom ilU citizen of Highland, on Ihe auljeci nf inteiueranee ; by Mr Walt, Irmn ul citizen nt Hardin ; by Mr. He-ber, from U't citizens, for a modification of the general rs 1 1 road I w ; also, from 1 14 citizena, for the repeal of the act incorporating Norwalk. Mr Leiter arose ti a question nf privilege. He was sorry to do en, but il was due to members that Ihey should protect themselves in their political characters. If they do not, what respect are Ihey to expect from the public? (Mr. L- read from the Cleveland Herald correspondent, Cavaignac," some very severe comments tixin the chaiacle r ami conduct nf Townshend and Morse) Il these men (M and T) are such as are represented bv Ibis correspondent, f was not willing to sit here with them. If the charge be true, they are not fit to ail here if il be ful.e, tlm trsducer should not be tolerated in this Hall. Hut he believed it to be a most base and infamous slander. The member from Lorain and the memtirr from Lake have no superiors in the Stale fur honesty and integrity. He wished tn know whether the House waa willing lo euilori aiirh slender? This correspondent " Cavaignac" was, in his estimation, one of the lowest, meanest, Cunieiiiptib'e wretches that ever die f raced hs species. Mr. L. said he meant II. T. If uce; who, in Ins opinion, was until lo enter tins halt, he had almost laid Ion mean lo go In hell. The worms which fatten on dogs would pass him by in contempt. (Mr. L then read some cmnim-iits Irom Cavaiji nao relative to the conduct of the Speaker, and Ins vote sustai-iing hs own decision. He ssked an action of the House in the premises and concluded by ntr. rmg the following resolution : Regolredt That the Hcrgeant.at Arms be directed to exclude R T Bruce from the privileges nf tin floor. Mr Townshend disclaimed all knowledge of the resolution offered by Ihe member from Sisrk. It was not Ins intention o notice these newspaper attacks, penally on tins floor lie therefore moved to lay the resolution on the tnble whiru motion was lost. Mr. Olds condemned 'lie language of the enrrespnn-dml. Bui so mo evidvues) is ui-erssarv as lo who Ihe correspondent is. So far as Mr. Bruce was known to nun, ana ins acquaintance wasoi recent uaie, no was a gentleman. He hoped, before any action was taken, that an investigation would be had as to the authorship. The wrong individual might be punished Mr. Bigger thought the language of the correspondent rather severe, but he opposed party action. Mr. Norris spoke in condemnation of the correspondent, and the po wer of ihe House to rid itself of Ihe obnoxious individiinl. Mr Hardesty said he wished, before the question was Inken upon this resolution, to say a few words in defence of the rights nf the citizens of this Stale to write, speak, and publish their views touching the con duct of any public ollicer, or any branch of our government, being liable always for the abuse of such privilege ; and in order to refresh the memory nf gentlemen on this floor upon the subject, he would read from an old fashioned document which he found in the first part of our statule book a document winch used to be regnrdej by tliP fathers of our government na of binding force upon them, to regulate their con duct and secure lo them their rights. He referred to and read the fjtli article of sec. 7 of the constitution of the Slate of Ohio, " that llie printing presses shall he open and free lo every citizen who wishes lo eramine the proceedings nf tiny branch of gortrnrntnU or the conduct of nnij public ojjir.tr ; and no law shall restrain the right i hereof. Every citizen ha an indisputable right to spenk, write or print upon any subject, as he thinks protier, being linble for the nbusu of that liberty." Now, continued Mr Hardesty, this resolution proposes toexpel from within the bar of this House acit izen of the State of Ohio, who is not known to this House, either an a Reporter or correspondent for any pnper in this Stale. If he has enjoyed right in this House, ihey ire the same riifhis to which suy other citizen of this Slnte is entitled ; his communications, uf which the gentleman from Stark complains sogriev iouly, do not purport to be written in this House, henre, that individual has not coinimtled a breach nf privilege upon the rules of this II nunc, or any of its members, of which this House has any control. If lias slandered i tie charncter ol the members, in his capacity aa a citizen of tins Slate, ihe law is open for their defence, let them settle llie mailer in the legal wny, btit do not undertake to muzzle the tress or orasu the pen of any citizen uf this Slate, hy bringing down upon them the prieitened power of this House. Mr. Hraiuard moved to amend the resolution bv adding, "and that this Hotis recommend to Congress tn revive the sedition law "which the Speakerdo-ctap-tl out nf order. Mr. Pugh, alter expressing his contempt for the writer, whoever it was. suinreatf d that the subject be- longed to the committee nn Privilege and Elections. The resolution wns finally referred to Messrs. Lei-r, Marsh and Norris Bill rend the third time and passed To revive a cer tain act therein named. Bills introduced and rend the first time Uy Mr Lei ter. lo amend (lie act di-limng Ihe powers and duties of justices of the peace and constables in civil cases Ity Mr lure, to authorize the Governor lo con vev a dlle lo certain lands in Summit co. Hy Mr. Pennington, to amend the act fixing the times of holding courts in the ITnh judirinl circuit. Hy Mr. ilreslin, to create the tilth judicial circuit, Hv Mr. Cniieland, to authorize Ihu sale of section 21, WfiMliinirion tp , Morrow co. Ity Mr Giddiuifs, tn amend the act incornornlini! the Diyton and Xenia turnpike company ; also, to amend the act authorizing the city of Dayton to sub scribe to railronds. Hv Mr. Reber, to amend Iho act incorporating San- ducky. Ity Mr. Long, tn incorporate the Walnut street Baptist Church, of Cincinnati. By Mr. Morris, to fix printers' prices for Delinquent lists, &r. Hv Mr. Pugh, concerning the powers and duties of Auditor of Siale. Also, to suppress the Xenia Branch of Ihe State Bank of Ohio. By Mr Thompson, to repeal a part of a turnpike act. Hy Mr. Mott, to create the IJlth judicial circuit. Hy Mr. Armstrong, to repeal the 2'lh section of an act. He port nf Standing Committee Mr Long, from the committee on Railroads, tVn , reported a bill to amend an set relative to Iho Urhann, i my and Greenville turnpike company rend llie first time. Reports of Select Cammitttes Mr Roedter reported bark the bill to secure the laborer his hire, and it was laid on Ihe table. Mr. Green reported a bill lo incorporate the I)nv ton. Xenia. and Watervluit Valley turnpike cotinmny-- rend the first lime. Mr. Pennington reported back the bill to incorpor ate St. Clairsville ordered to be engrossed. Mr. Smith of Madison, reported a bill lo incor porate the London and Tufayette turnpike company reno me nrsi nine. Also, reported back Senate bill n incorporate the Columbus and Springfield Railroad company, with an amendment, making London a point, which was agreed to. Mr. Leiter reported a bill for the relief of A. Hav- hoii nun our oiiiit renn uie nrsi nine. Mr. Whitely reported hack the bill to incorporate the Lower Sandusky Plank Road company which. after sundry motions to postpone indefinitely and to recommit, was ordered to be engrossed. Mr. Mvers reported back the hilt fixing the limes of holding Ihe courts in Ihe 2d judicial circuit; and it wa- engrossed at the ( lerk s desk and passed. 1 he House then look a recess. 3 attack, P M. Mr. Burt demanded a rail of the House 02 me in bera present. Mr. White ley moved to adjourn lost, yeas lO.navs .t.i. Mr. Norris reported a bill to amend the aet incur porating N-w Richmond and Husstiiuh ui Clermont county read die lirsttime. Mr. Marsh reported a lull lo incorporate Ihe Four Mile Valley Kailroau cominny read the first time Mr Pugh reported back the bill to regulate pnceei. ing liefore Justices of the Peaee, with amendments. On motion uf Mr. Rockwell, the bill was laid on the table. Senate resolution rrti'ive to retaining Mrs. Louisa Beech in the Luualie Asylum, was agreed to. The House adjourned. Hamilton County Case The following extracts are from llie re port of Messrs. Pennington and Hardesty, of the committee of Privileges and Elections, to the House of Representatives, touching the controversy in the House, as to the rights of claimants to seats from the first district of Hamilton oounty. The argument is conclusive, and should be attentively read by every elector in the State: It is said, that that port inn of the law dividing the county of Hamilton into two election districts, is unconstitutional. We approach this branch of llie subject with a consciousness of our inability to discuss it; and especially when the light of great minds in our State has already been shed upon it, it looks somewhat like presumption, to intrude any further opinions. Indeed, we might be content lo refer the members of ihe House alone to the very able opinion of the Atlorney General, Mr. Stanbery, coinmuniciiled lo Ihe last session ot the General Assembly, on the passage of a resolution uflered by Mr. Olds, of the Senate.Your committee, in offering their views upon the subject, prefer lo answer the following questions, winch we think involves llie whole controversy: 1st. Is that part of the apportionment act nf J 848, which divides ilamilion county into two districts, for the election of Repreaentaiives to the Stale Legislature, constitutional and valid? 2d Hna every voter of Hamilton county a right. guarantied by the Constitution, to vote for the whole number ul ttepreaentatives apportioned tu thai county f The 2d section of the 1st article of the Constitution of Ohio authorizes and requires Ihe Legislature lo ap portion the Kepre seutativc "among the several counties." Hy Ihe third section of the same article il is nrihined that 11 Representatives shall be chosen, annually, by the citizens of each county respectively ' These two clauaes are those upon the construction of which the mum question di-p"tida. 1 he former clause grants nil Ihe power thai the Legislature hns, the lat ter fixes, and defines, and limits, the right ot the citi zen in voting for Representative The act in question apportion live R-presentallves to H aniiltmi county Su far all agree the act is valid. Jl tin n divides the county oilo two district and provides thai two shall be elected by the voters of the first district, and three by the voters of the second district. It is objected to tins pari of the act that Ihe voters in Hamilton county have rach and all a right lo vote lor five representatives, the whole number apportion- d to the county and tins isclaimeu because the con stitution says that "representatives shall be chosen by the citizens of ench counly respectively." This clause does literally import that the representative or representatives apportioned lo a county, shall tie voted for by the citizens of that county, and not by the citizens uf any other comity. It does not however expressly import, that all the voters n a county, shall be allowed lo vole for ail the representatives apportioned lo thu I county None but the citizens uf tho count) can elect them, bill if only a pari of the citizens or voters of the county is allowed lo vole for a representative, aud he is chosen by Unit part of the voters, or citizens, ho is chosen by the voters or citizens of the county. Il i worthy of remark here that, though by adhering lilerully to the two clause of Iho constitution, which we have before cited, and anolherclnusu which requires the representative lo reside in the counly where he i chosen, no one representative can be voted for by the citizen of dilfereiil counties. Aud no me can be elected by the citizens of a counly, in which he doe not reside yel from the lact of our State being divided into a greater number of counties, than we can have representatives, we have been compelled lo depart from this literal construction. In very many instances, for many years, counties lave been united lo form a represeualive election dia- rict This clearly is not within the strict letter of Uie constitution Representatives shall be apportion-d among the several counties, and ihey shull retude. n the counties where they nre chosen and shall be hosen by the citizens of each county respectively. And yet all agree that two counties may be put together, for the election of a representative that it is no uuh if the representative reside in one of said "ouuiies and ho may be elected by the citizens of iwo couulie. , Our legislature have regnided it aa a fundamental constitutional principle, that every voter in the State hoiild have an opportunity lu vole for at least one Representative and one Senator; that all should be represented to both branches of the General Assembly. I'o secure this it became necessary to depart from the letter of the constitution, and lo put d-hS rent counties together in one district for the election of representatives.To return to the clauses in the constitution which grant the power to llie legislature to apportion representatives, and fix and limit the rights of voters in llie election uf representatives when representatives are apportioned to the several counties, the constitution having appointed the day for the election, and left the place and manner nf election to be prescribed by the legislature, il follows thai where more than one representative is apportioned lo a county, the legislature may divide Ihe county into different representative election districts, unless, by doing so, some right, guarantied by the constitution, i violated or abridged. The right of each and every voter for at least one representative is not interfered with. And Ihe only question remaining is, whether each voter has a right lu vote for aa many representatives as are apportioned to his county ? If this right is guarantied by the constitution, then is that pirt of the apportionment act in question unconstitutional.Representatives, according tn the letter of the constitution, as we have seen, must he elected by the citizens nf the county in which they are chosen. But the constitution no where declares that all the citizens nf eaeh county shall be allowed to vole fur alt thu representatives apportioned lo inch county. To ascertain what the framers of our constitution meant by Ihe term of lanttuage adopted lo express their meaning, we should place ourselves in their situation. We should consider the time when it was written, and the circumstances likely to all'ect them in the adoption of principles and modes of expression. Our constitution was adopted in Ihii'J The constitution of the United Slates was adopted in I7fi7, and the government was organized under it in 1711. There can lm no doubt uf Ihe fact that those who drafted our State constitution carefully consulted and considered the provisions and form uf expression in that of the Untied Stales. Bui to make tins faot doubly certain, refer tn the two instruments. Com- ti.nt llit tinn.iobl. look nt tli titles uf llie lhrm fint Haven on Tuesday, fur California, touching at Cape , irliclei winch are letter for leiter alike. Compare the two hrst n-dions of the two nrt srlicles nf earh, and (old Items. As ETr.nMtisisn Boy The schooner Montague, 1 1 Ms tuns with hlty four passengers sailed from ci de Verds and the Horn. She is expected tu make the voyage in leas than four months. The New Haven Journal says : A widowed mother offered her son. one of the passengers, with all the persuasion in her power, any sum to the amount nt ii.D.tMiO, if he would slay at home, but the spirit of the enierprizo over came all other consideration, and he s-iiled. run tmk Got. n Uiouins Upon Ihe arrival of the steauier Whirlwind yesterday, we noticed on board a parly nf some twenty young mea, whom we learned were from eanduaky, Ohio, and are on their way to California. They are all suitably equipped, many of them having elegant nfl- s and other necessary trap pings and nxiuri s lor so long a journey. Tiicy no trout tin lo Independence, and thence lake llie over. land route with ibe nrst companies going out in the spring St. Ijtuis Rep. IJlstoVKHV of Uol.U IV t AMKIIOt Cui'XTY, I FA A). (Ins fact is made as certain aa that the one was adopt. ed prior to the other The constitution of Ohio waa made In IH02. Before that time it was settled by the practice of the old. er Stales under the constitution of the United Stales, that States, entitled to more than one Representative might br divided fur the election of Representatives In Congress, into districts. Willi the constitution of the United States before them, containing a clause authorizing Congress to apportion the Representatives in Congress, "among Ihe several Stale," according lo the rule there prescribed, and knowing that under this grant of power it had been nonmileri d constitutional to divide Stales into districts for Ihe eleclon of Representatives in Congress, the convention thai framed nur Stale constitution, in the clause authori zing our Stale LejitsUture to apportion Representa- Just as nur paper IS going to press, we have been ,, r. - Ut.i. I. .ti.. r.,1. ,.,.,! ,.. shown what is said to lie a vsluable prcm.rn of gold ; If.n Wru-B( mi xw ,,. wuc, ,l(.v ,uud M1 ore, found wiihiii thirty unit s of Brownsville. The gentleman who possesses tin Seriim-n ha havclh d xtensively in mineral regions, and teels quite confi dent Ihal it is only llie beginning of valuable discoveries lo be made in our own immediate vicinity. froiensri(rr, itias, nag. Cxi.ir its i a. There are fifty three vessels now up at llns pTt for Ihe voyage round Cape Horn : consist, ing of 2 ships, Iri barks, 5 brigs, (j schooners, and II steamers ami propellers; in addition to winch there are 12 vessel up lor Chagre, and 7 lor Vera ttui A" V. i'.rprtts G wi n GiiKaiK A Yankee downcast has invented the constitution of the United Stales upon the same subject. Representative in Congress shall be appor-tioned "among Ihe several States." Representatives in Ihe Slate Legilitnre shall lie apportioned "among the several counties ' The adoption uf this language n this grant of Legislative power, from the constitution of the United States, knowing the construction that had been put upon it, if it was not intended to irrant a similar power, with like limitations, was verv unfortunate; lor il waa evidently calculated to lead Ihe mmd In such a conclusion. It would in fact Lm absurd lo suppose Ihal in the use nf these words, llie State convention did not intend to grant the same Una speciiic lor tt.e use ot go a nunicrs. I lie opera- w,cll WM Winif exercised by common con lop ot a hill, uni),,f a grant in ihe same identical words, in an tor i lu grease himself well, Isy down on and then nil to the bottom. The gold and "nothing else," will stirk to him. Price $10 per box. Goi.n in Mhvlam.-- I he Rockville (Md) Journal says that gold hat been discovered on Mr. Elhcott's farm, tn Montgomery oounty. A specimen bas been sent In Ihe Philadelphia iinul, and pronounced genuine. Ii is thought there is an abundance of the metal on the larui. Tin Way Thinos auk Do. Mr. Roedter, of this city, was placed by Ihe Shaker of the Houae on llie committee on Elections. He was objected to, because he was connected with all the contested questions troin Hamilton county, and also because Ins own seat was contested, n Ihe ground of bis being an office holder and ineligible. Still he wns put on the committer. He has done Ins work, and placed Pugh and Pierce in the House, in direct violation nf the law of Ihe land in violation nf the identical law under which he holds his own seat. Now he list resigned Ins post on the committee, and Mr Pujih is put tu his plsce, lo return Ihe compliment and retain Mr. Roedter in Ins seal in violation of the constitution ! That is the way things are done ! Cincinnati Vaults. Ntw Jtstiitr Autiquitim. Mr. A. C. Davis, of Flemingtnn, is said In have discovered a curious relic in the copper mine recently re-opened Ihe re, after being closed for near lft) years. The re lie is the bmg lost Queen Anne's farthing, for which a very libeial reward has been offered in England. It is said that he die was broken when making Ihe fourth piece. Three of the farthings sir in the British Museum, hut until Mr. Davis discovery no I rare rnnld be found of the fourth. He exhibited il at the Mayor's oilier in New Yuik yraienliy. muniment ni earner aaie, sua ui ucr Miportaiice. is the constitution of thr United Slafs. If we nans from these words, granting the Legisla tive authority to apportion Representatives, lo the rlauset pri srribing by wlmm Representatives shall be lecled, while we hnd diiterenl words used in our State constitution from those in that of the United Stales, so far as Ihey concern our question they are of the same import. Representatives in Congress shall be elected bv "the people of the several States " Representative in our General Assembly shall be elected "by the citizens nf each counly respectively." The question is, hetiier every eituen m Ilamilion county hat a riirht secured to him by the constitution, beyond the power oi me uegisiniurr, in Tine lor an me representatives, apportioned tn Hamilton county t The clause of Iho Stale constitution imports that thr representatives apportioned lo a county, shall be elected by Ihe voters of that county. The clause of the constitution of tho United Stales imports that the representatives apportioned to a Slate shall be elected by the voters ol that mate, inese propositions are loo pimn lo require illustration. It tollowa then, that if the riahl is uoi. cured In all the voters of a Slate to vote fur all the representatives in I. ongress apportioned lo such Slate, then the right is not secured lo all the voters of a eminly to vole fur all Iho Stale representatives apportioned to surlt county. Here we nuglit repeal all Dial we have before ssid as to the practice under (he constitution of the United States, as equally applicable to the rules (,r construction to he resorted lo here, as on thr other clause. Oar Stair convention, wilh the Constitution of the Umtfd Stales before them, and well knowing I list Willi clauses requiring thai rentiivulativii lu Con gress should be apportioned among the several Staes, and elected by the voters of the Slates to which they were apportioned, States had been districted for the election of such representatives, ordained that representatives in our Slate Legislature should be appor tioned 41 among the several counties, and elected by the voters of the counties to which they were apportioned." Wo submit, did not that Stale convention mean hy these clauses in the constitution of Ohio, what the members of the convention knew was well understood lo be the mpaning of similar clauses in the constitution of the United Stales? It seems to us it would be a reproach to that body, to suppose the men composing it meant anything else There are oilier clauses in these constitutions which, perhaps, we oughl to note. Our State constitution requires that the representative should reside in the county, not in the part of the county in winch he is chosen. So ihe constitution of the United States re quire the representative to reside in the Slate, not in the part of the State in which he is chosen. In the constitution of the United Stales it is provided that the Slnte legislature may presenile the tune, place, and maimer of electing representatives to Congress. There is no similar claune in our Slate constitution. By it the lime uf electing representatives is fixed; the place and manner are not. For thei-leu-tion of Slate representatives, the place and manner mui-t be prescribed, a muni the lime, place and manner in the election of members of Connres. This requires legislation, and the power to legislate in Ohio, i" in our General Assembly, in the Uuiled States, in Congress. Uy the general grant of legislative power to Con gress, in the absence uf any special provisions, giving me power to tne state legislature, it would lisve been the duly of Congress to have prescri! ed Ihe time, place and manner of electing. So in Ohio; by the general grant of legislative power to the General As- nembly, that hoilv is authorized and required to pre scribe the place and manner of electing, because the authority is not conferred upon any other bodj , and is necessary to be exercised, for the purpose of carrying out the objects contemplated in the general grunt of. power. I he authority to prescribe time, place and manner, nly empowers the legisTulute lo direct Imw a right rtliall be exercised and enjoyed, but neither gives, or limits, lakes away or abridges any right. 1 he power lu prescribe the manner ol electing, af fects nut the right of the voter, but it is an authority to direct how the right shall be exercised and enjoyed. In liny a convention elected to frame a constitu tion for the Stale of Ohio, assembled. To assist them in the work in which ihey were engaged, that convention referred to llie constitution ol the United States. Die constitution nf the United States conferred Ihe legislative authority of the government il created, upon Congress, to be composed of a Senate and House of llepre sentalives. It is ordained that the representatives lo Congress should be apportioned "among the icveral Slates," thai they should reside in the State in which Ihey were chosen, and be chosen by the people, the voters of the Stale in which they wore selecte-', and that the lime, manner and place ol hnldingelections for representatives should be prescribed by the legislature of the Stale ; reserving in Congress ihe right to make or niter such State regulations. The government of the United States, under tin constitution, had been in existence thirteen years when the conventionas-sembh-d to frame our Slate constitution, and seven elections of representatives in Congress had bee.i held It was a practice on all hands admitted to be constitutional to divide the States entitled to mure than one representative, into congressional districts, and tint practice has continued to this day. Our Slate convention, with this constitution of the United States before them, knowing the construction that had been given to iho provisions cited, and the practice under ihem, conferred the legislative power of the Stale government upon a General Assembly, to he composed oi a senate and house of representatives. It ordained that Ihe representatives should be apportion)!)! among the severul counties, that they should reside in the county in which Ihey were chosen, and be selected by the citizens, the voters of the county in wlurn they were chosen, on the second Tuesday of October of each year leaving the places aud manner of holding elections lo be regulated by the legislature of the State. Can it be tint that convention intended lo confer any other or different, any more enlarged or restricted powers in regard lo apportionment, ur in regard to the right of voting for lepreseuiauves, and llie manner ot lioiumg elections, than were conferred by the constitution o the United States ? The main matter was, and is, and should be, to al-lord to every voter a chance to vole for al least one Representative, and equality of rights is best secured when each voter has a chance lo vote for one, and nut more than one Representative. In looking into the proceeding nf the convention which met In frame our constitution, the old manil scripts of which are still preserved among the archives of Stale, as valuable relerences, to enable us to give that construction to the constitution, which it wise framers intended, we are much strengthened in the position we have assumed- We have the original manuscript before us, and copy from it the following. "The seventh article of the constitution comprehending the general regulations and provisions nf ihe constitution," "was taken up and read llie thud lime in nruer lor its hna I passage, " A motion was then made lo amend llie taid article at the Secretary's table, by striking nut after Ihe word Contents in Ihe tilth hue of the third section these words following. 4 No new county shall be cttsblish- d by Ihe Legislature winch is not entitled bv its numbers to a Representative.' " This proposition was resolved in the altirmittve, but was aderwards strick en out. 1 he convention wer? almost unanimously in lavor of the single district system, without reference lo county lutes and county limits, as their proceedings show, and the piactice under il. They used the word county as a convenient phrase of expression, but never intended, or contemplated for a single moment, but what it was clearly within th meaning of the constitution not only to divide a county into districts, for representative purposes, but In join two or more counties for the same purposes. We have already alluded to the similarity of the provision in the constitution of the United Slates aud that of our own, and think that liic position we have taken is already abundantly sub-ta ned. Bui we cannot refrain from referring to the constitution of the State of Tennessee, from which our own constitution is in most respects an exact trans- Clip!. The Constitution nf the Stale nf Tennessee was adopted in I7H6. It was the first Constitution, so to speak, formed and adopted in the then western wilds llie only Constitution in the (treat West, which tho framers of nur own could look lo as a model. Thev k Ihe light uf experience aa a " lamp lo their feet. aud a guide lo their pathway." They were guided and controlled in their deliberations, hy the purest patriotism ; with an honest desire to give lo the people ol Ohio, a Constitution, the provisions of whtcli has been li sted by experience. Art. 1, Sec. , of the Constitution ui tne late or Tennessee, reads t " The legislative authority of tint Stale shall be vested in a General Assembly, which shall consul of a Senate and House of Representatives, both dependent upon the people." Ihe Islseo. oi art, 1, of the constitution of Ihe Stale ol Ohio is a literal copy uf the above, except instead d llie word " dependent, Ihe word "elected " ia used. both however of the saute ineaniiiir. In the second section of llie consti union of Teun-ssee, in relation lo representation, these words are used ; " the number ol representatives shall, at the several periods nf making such enumeration, be fiird by the legiilaiure," and apportioned "among the several counties, " In the tame section ot our own constitution the language is "Iho number of representatives shail, at the several periods of making such enumeration, be fixed by the legislature and apportioned among the several counties " These provisions are exactly similar. This provision will be found in the 4lh section of the constitution of the State ol Tennessee : W hen a district shall w composed of iwo or more cuunties, Ihey shall tie adjoining, and no county shall be divided in forming a district." hy waa il deem, ed necessary lu insert this provision in the constitution, ti ineargumeiiicnntfiided lor, that the language, "ap-portion d among the several counties," was sullicicnt lo hunt the legislature, in apportioning represent stives to a county t They evidently considered that thr le gisiaiure uiu power, under llie 2d section, lo rfiri'ia a county, and hence the i user I ion uf the above provision uf tlm 4th section. W hen we turn In our own constitution, wr find no such restriction. Why was it Irfi out, was il by acei-dent.' Such men were not likely to have accidents of so grave a character happen. Tln-y had this constitution of the Slate of Tennessee, studied and pon. derrd well upon it copied largely from it provisions, yei uiey uiu not restrict the Legislature irom itiviumg a county, m fortiori ; why,lhey intended the Legisla. lure should have the power to dtride a county for Representative purposes It would indeed he a very remarkable eonclusiun, thai Ihe framers of our constitution, could have, as ihey did, literally copy some seventy odd sections from the constitution of the-t cuaie oi tennessre, wiinotu considering ana acnoer. sting upon the question of the division of counties, for Representative purposes. The constitution uf the Slate ot Tennessee, providing against it by express provision, while our own constitution as before remarked, contains nosurh restriction. Take tutu consideration the proposition above olrJ from the tnanu script containing the proceedings of Iho convention Ihe fact of their having before them, and dralltng largely upon the constitution of the Stale of Tennea. see, and Ihe United State, can any one doubt, but mat una very question ul the division ol counties, was maturely and delioeralely considered by llie convention. We cannot rsca the conclusion which, taking all these facts together, Is forced upon Ihe mind, that iho framers of our constitution eiprrasly meant that the Legislature shmild have Ihe right lu exercise Uie very power winch bava bvvneieieisvd in the pas. sage of the present apportionment law. If they had not so intended, and understood Ihe 2d section ot the constitution to confer this power, they would have so declared. To say that the power has never before been used is no argument against tho existence of uie power itself. I he far-seeing men who framed that venerable charter uf our liberties, no doubt look- ed into the future, and beheld growing up with al most magic power, the "great Queen City with us ureal manufacturing and commercial interests, and believing the true republican duct ine lo be, to bring Ihe Representative directly home to his constituents, purposely refrained from restricting the Legislature irom a-division ot a county tor Representatives purposes ; thnl this greul metropolis of the west, should have the right independent of ihe conflicting interests of the county, to elect its own Representatives to Iho uenerai Assembly. Your committee are therefore of opinion that Oliver M. Spencer, and George W. Runvsn, are the legally elected Representatives from the first district of Ham- tton county. That the law under which said election was held, is constitutional snd valid. SATURDAY EVENING, Fcbrnnry 3, 1849. 11 ess rs. Pennington and Ifnrtlepity'i Report The extracts which we make from the report of the minority of Ihe committee on Privileges and Elections, touching the Hamilton county caso, occupy our columns to-day, to the exclusion of much other matter of interest, and compels us to defer until to-morrow Ihe proceedings of the House this forenoon, which are not, however, of very general interest. The Hamilton county esse was the great measure of the session, at the decision in that caso blends itself Willi all the prominent acts of the session. Its intrinsic importance the principles hitherto settled which it upturn and the unusual and extraordinary manner in which it was consummated ail concur in imparting lo lint case degree of interest rarely equalled by a legislative act. It is important that the people of Ihe State be informed in relation to it; and we make no apology for devoting to it so Urge a portion of our paper. Read the report. MONDAY EVENING, Febunry 6, 1840. 'George Sheldon- 171 00." The good people of Portage county express some surprise that Mr. Sheldon should have come down here and spent several weeks pretending to be the Representative from that county, and pocket $171 00 for the trick, when he knem all the while that he was nut the Representative from Portage at all.at.all ; but thai Mr. Rockwell was here with the documents, rea dy at any time to enter upon his duties, w henever Mr. Sheldon would please get out of Hut seat into which he stole on the morning of the 4th of December, a few minutes before 8 o'clock. The people of Portago are little schooled in the tricks of Locofocoism, or Ihey would nol be surprised at such matters as these. There was a chap came up here from Clinton county who did not even pretend that the public had tent him ; but only that he had been a candidate and beaten by more than (iOU of Ihe people's votes and nevertheless he came up and claimed pay, and reccired more than the man whom tlit people had chosen as their Representative ! We believe there is now here another man whoirfl not chosen in Scioto and Lawrence, (although there hare been two elections in that district, and he was a candidate.) He ts undoubtedly expecting pay as a member, and we do not know but he will get it. Ho certainly will if the Locufocos can get through a resolution allowing it. But this is not the most. There it now a man by the name of Juhnson, who is here pretending lo be the Representative from Medina, if Ao Arioirxthal Mr Bell wa chosen by the people of that county to that oflice. Mr. Hell is here ready to enter upon the duties of the office lo which he was fairly elected; but Messrs. Townshend, Roedter and Leiter have been so much fatigued by the effort by which Ihey legislated Pugh and Pierce into the Legislature against thr. totes of the people of thefir tt district, that they have not been able lo consider the Medina esse. Su Johnson keeps voting on in the House snd will claim and receive pay for it just at if he had been elected, and was an honest man ! Apportionment Law lis Fairness. The fairness of the Apportionment Law of last winter is triumphantly vindicated by the result under it. Take the Governor's election, and the majority fur the Whigs is very small. The Legislature is also nearly equally balanced, as near as it can be without a tie- Again, take the Presidential vote, for each of Ihe three candidates, and again the law vindicates its perfect fairness by ihe result. The total number of voles given is U2H,4.3. Divide this number by 72, the number of members in the House, and it "gives one Representative for ench 4,"u2 vnlea. Now lake Cass's vole, 154,774, and divide by 4Jtii, and the re sult is 34 or near it Take Taylor's Tte, lUd,oj!, divide as before, and ihe quotient is JO Then take Van Buren's vote, :iT,l(i, proceed in the same way, and it gives 8. These figures indicate the precise slate of parties in the Legislature, and should satisfy the most captinus that the law is fair. Apply the same test to the Senate, and the result showa the same fairness. Hamilton Intelligencer. Very true. But IheoirneMof the law is precisely the reason fur its being so obnoxious to the Locofucot. They do not desire an apportionment by which the sentiments of the people shall be fairly reflected. They hsve never given their assent loaueli a bill since the Locufoco party had a being. They rely for llie success of their party, upon unfair legislation; and they have perpetrated some acts in that wsy fur the purpose of securing power, thai would shame Lucifer himself. They are now calculating tn try their hands al the game once more and are confidently relying upon Mr. Rampai.i., Speaker of the Senate, to aid Ihem in their nefarious purposes. We incline to the belief thai Ihey are "calculating without their host." It's shall su. Clinton County Election. By tho special election which washoldenin Clinton county, on Wednesday last, Alanson J.r.rt Eq , is again returned to his seal in llie House of Representatives by a majority of 209 over his opponent Til-liughast, who received the combined support of the Locofouo and ihe Locofoco Abolitionists. It will be recollected, thai at the October election, two candidates were star'.ed in opposition to Mr Jones J. Trimble, Loenfbcn, who received 1080 sotes, and J. F. Patton, Free Soil, who received 7'J5. Thr vote of Mr. Jones on that occasion was 12118 he having been elected by a plurality of Olid less than a majority of the whole vote. The triumpnant election of Mr. Jones in opposition to all the elements of corruption in Ins district, exhibits in a strong light Ihe opinions nf the people in regard to Ihe doings tins winter at the sent of government. We give the following synopsis of tho voles given at the two elections : October Election. Whole vote, . Jones Trimble Patlon Whole vote. . . Jonet 'i'illinghast . . Tempting Oilers. 'They, (the Whigs,) are only enraged, if the truth must out, that this gentleman, (Mr. Morse,) persisted in making his vote upon this question a matter of principle, and obstinately refused the tempting offers held out hy the mitt res fur his tote on th opposite sice." Clerk of the House. The Clerk of the House tells a falsehood in the above paragraph, which is reiterated with aggravations in Ihe columns of the Standard. We say that it is a falsehood, and challenge any nr all the parties concerned to show it otherwise. Let Mr. Morse speak out. Whowanlrd to buy him? What was the amount tendered When and where was the offer made If there is a Whig who has degraded himself hy going tu so poor a market, to buy so inferior an article, we should like to know il. Give us the whole history of the transaction, tint we may aid in holding up to the popular view, so individual bo base, and with taslesto grovelling. We are nol to be deterrei by insinuations that we had better hold up. If Mr. Morse and hia organ want to play bluff with us, Ihey must have something better than Hut for capital. They have thtealened lo expose the actors. Let it come out. Give us Ihe facts, and we will aid Ihem in making the exposure. Tub SriciAL Exronic.ir. - The Cincinnati Glebe, upon llie subject of an U. 8. Senator, thinks that "this Slate will be properly represented in the Sen-ate of Ihe Union, only by the selection uf a citizen who will be universally recognized as a special ex. pontnt of ihe popular sentiment upon the guaranties of freedom and the rig I its of labor under the federal constitution, which means, aa near as we can comprehend that species of lingo, that he must be a Free Soiler and nothing els. The Globe then lays aside Mr. Giddingt, with a very high flown and laudatory obituary notice, after which he lakes up Mr. Chase. If Mr. Chase possesses the medley of contradictory qualities winch this editor represents hun lo possess, and resembles Ihe great variety of dissimilar chaise, ten which his eulogist believes him to resemble, ho must truly be to the State of Ohio a very spttiat ex ponent indeed. Orr thr Briiioi. Neighbor Glessner, of the Mansfield Shield and Banner, driving across a creek, Mi'ssrst th hridg, and drove Ins horse into the water, where the poor animal was drowned. Bro. Glessner has been a wayward driver all hie days. In driving the car of Locofocoism, he very often drives wide of the mark 1 The reins should never bo trusted lo such hands. "Keep Cool." So says the editor of the Cleveland True Democrat. Keep cool!" There's only a little rascality been committed that is all. There is no use tn getting excited over it. " Keep cool ! " The law has been broken and ihe constitution trampled under foot nothing more. What is the use of gelling warm about that? "Keep cool!" Several men are setting and voting in Ihe Legislature without the form of law r Ihe shadow of right. That it nothing:. " Keep cool ! " And so the editor says: Kkkf Cool,. These are days when this advice is very applicable to all men. We live in the midst of xeitement ol events some of which are passing strange. Tho votes of lowtishend and Morse nro strange very. In them the public are disappointed Ur 1. has changed his views ot the law Mr. Morso his opinion. If the law is unconstitutional, send tln-iu all b ick and repeal it. If il is right, sustain its pro. visions. II it is constitutional, aud as long as it is un repealed, Pufrh and Pierce have no more right to sea's in the Legislature linn any other citizens of Hamilton county. We llunk Inwnshend and Morse have vu. ted wrong, and in the admnston of Pugh snd Pierce the law has been violated. This is our opinion. But keep cool. Two voles will not destroy tlio soil party, nor its ever living and growing pnn- Special Election. Showing Losses In the Whig vole in the Loco, &c- ...3113 ...ia:w . ..10H0 ... 7U3 ...21C7 ...UH8 ... 1171) ... no ... ti'JO Free ci pics. These cannot be destroyed they will flour ish, let men act a they may, from motives huiicit or corrupt. Onward ! Steady ! True fa you. Two votes wilt not destroy the Free Soil party, but it has, in our opinion, pretty effectually used up two inc m burs of it, and Ihe re are doubtless more coming. That JJnrgnin. We say OUT WITH IT-let nt have tho vhoU truth, the city is full of rumors of sll sorts of borgaii'S mier-u ny tne I ay lor v hrg anything and everything, if Messrs. Townshend and Morse would only vole in Spencer and Runyan ! ' ! ! "Statesman. And so say we-OUT WITH IT 1 Let Iho truth be known. If there ate so many rumors, givo ua the truth on which they rest. Who wanted lo buy Messrs. Townshend and Morse How much did lln-y offer? In whose name did Ihey offer il? By what authority was the offer made? When and where did hat take place? Give us the whole. There is another thing too, which we want tn know. We should like to hear who did buy them, how luurli teas paid down, how much is yet coming, what it con sists of, and so forth. Give us the whole of il. We hope (hat our neighbors of Ihe Statesman and Standard will keep nothing back, when all are so aox-ious lo know. Speak out, and the truth, for once. gentlemen, if it is but for an experiment. Advance or Istki.i.iokscc We received, f hi morning, a Inter from ihe "Acorn region," dated Feb. 1st, inquiring wilh great earnestness, whether it is a fact that Seabury Ford has been inaugurated, and if the address published in ihe paper is really his. We understand that there are a number of bets pending upon the question whether General Ford is really Governor or not those who hold the negative re lying upon the declaration of the Statesman, that ' In law, in fact, and by the constitution, John B. Wclk-r is Governor of Ohio." There are tome, also, who go so far aa to declare thai there is no organization of the Legislature, rely ing fur proof upon ihe fact that they have not heard that the Whigs of the House have come to the terms laid down by Mr. Pugh, in the following extract. Without the couft4sion that you hare acted anienr- rantablif in your stl nipt to organize the House, tiikhk can aii th f. he will bb so oiioahzatio. !" must give up your attempt you must dissolve your body you must burn your records, or thi will never lake place. Iff hurt resulted ta stand upon the postittn that w are the only ortfitniiationtkat auy othtr is legal and ov.tm.rttK mist comb ur to tuat, on Tiir.ni c a it be so Houtr!" Comiho EvKttTS. . The Ilamilion Telegraph thus shadows forth the ulterior designs of the Locofocot, in regard to the apportionment law : " The success of Pugh and Pierce ia but one truth told at a happy prologue.' The 1 swelling sol of Ihe Imperial theme will be thr total repeal of th vhvl infamous apportion-mtnt icktmc" Dr. Tiiwuiiirsu Hit Denncs. The Standtrd of this morning devotes an article of extraordinary length to the defence uf Ur. Townshend from Ihe charges which we made against him. The defence consists of an argument against the constitutionality of the apportionment law of last winter. In reply, we deaire merely to cite to all parlies concerned, the following tt(aori(y, taken from ihe addreas of Dr. Townshend to Ins constituents, on his nomination. Il is as follows : I do not believe the apportionment law of last winter to be unconstitutiotisl," The Standard had belter Iry again. (7 The Cincinnati Enquirer thinks that the mart who thought that "Ihe House could not wait for the mother of Judge Spencer to die," will scarcely stoop to contradict the charges which are made against hnu in the Ohio State Jonrnal. Capt. Roedter may do exactly as ho pleaaes in the premises ; bulh-s friend, the editor of the Cincinnati Enquirer, must retract h false thargra against ui, or the fine benevolent old gentleman will most assuredly suffer for it, before the close of the session. We shan't forget the lies of the one, nor the brutality of the other. Mind that. IT We naked, the other day, why Mr. Morse voted against Ihe prima Juris claim of Messrs Pugh and Pierce, and afterwards in favor of their right to seals. That question has not yet been answered. Does Mr. Morse expeel that silence in the premises will be comfortable that Ihe thing will be passed over, forgiven quietly, or forgotten? Sir, the very birds of Lora n counly will sing it in yoar ears when you steal loyour home, if home you dare lo go. A felony may be fir-gotten when its perpetrator has died even a murder may pass u nre tne inhered after a tune; but when has the traitor or his treachery ceased to be detested ? When thr estimable lady of Col. W'eller wai known to be lingering upon her death bed uf consumption, the Journal was a conduit lor a grossly scurrilous doggerel, by Greiner, the Slate Librarian; into which her name wa dragged, and her rioim-ato lies and feel. ings acandained wun tne lerocity ot a fiend and in the la linn age of a blackguard C'laciMMafi i.'aomrr. With all pmper feeling of respectful consideration for llie editor of the Cincinnati Enquirer, we are eon- strained to inform htm that the intensity of his fee. ings has led hnu to commit a slight, but very common error, which consists in hit having lied most ridicu lously. Hnittr.n on thr Hi ioto We saw th t.m.... t II, Gordon, lying at the Piketon Ltmlimr.on TW.,1,, last. There were rumors here, on Hum!. thi n... Gordon had surmounted the Slate Dam, and would be at ihe Bridge on the Columbut Road in the eve-nmg. Bui Una was a false alarm. If any body can push river erati up Tomlinsnn a Falls by dint of skill, that man is Captain Gray ; hut he hns nut reached the old Metropolis yet. t htllieoiAe Umtette. Prob a bm Mrhiaub it limit Lira It Is ed ihal the Hon. John Mi nor Bolts has offered Ins nand in marriage lo mss Julia Dean, the young and celebrated aetnss, from the West; and it is understood that his otter has been arc pled. Al onr of oar hole la a lew days since, Mrs W. in-quired nf a gentleman aitimg next to her, the differ encr between auc eimihs snd a tickfamili Ath r destroying a lar.e p ece of lumoe pie, he replied aa l.. lows I A far simile, madam, may br a wai t, authenticated fact; while a tick family cannot be rt girded a a WKI.I. ouc I i